Kerala High Court
Ajumon A H vs State Of Kerala on 11 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA,
1946
CRL.MC NO. 989 OF 2024
CRIME NO.291/2023 OF Angamali Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.392 OF 2023 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY
PETITIONER/ACCUSED:
AJUMON A H, AGED 40 YEARS
ATTIYATTUKARA KALADY P O CHENGAL, PIN - 683574
BY ADVS.
DILISH JOHN
RESHMA MOHAN
AMBADI KANNAN
RESPONDENTS/STATE, DEFACTO COMPLAINANT:
1 STATE OF KERALA, SUB INSPECTOR OF POLICE
ANGAMALI POLICE STATION ERNAKULAM REPRESENTED
BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 LIBIN JOSE, AGED 40 YEARS
S/O JOSE, VALOOKKARAN HOUSE KARUKUTTY P O
MARANGADAM ERNAKULAM, PIN - 683576
BY ADV K.R.SAJITH
OTHER PRESENT:
SMT. SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.989/2024
2
BECHU KURIAN THOMAS, J
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Crl.M.C.No.989 of 2024
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Dated this the 11th day of April, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C
to quash all proceedings against him.
2. Petitioner is the accused in C.C. No.392/2023 on the files
of the Judicial Magistrate of First Class, Angamaly arising out of
Crime No.291/2023 of Angamaly Police Station. According to the
prosecution, the accused had on 14.04.2023 restrained the defacto
complainant and assaulted him after abusing him and thereby
committed offences under Sections 324, 326, 506, 341 and 294(b) of
the Indian Penal Code, 1860. The second respondent is the defacto
complainant.
3. Heard the learned counsel for the petitioner and the
learned counsel for the second respondent, apart from the learned
Public Prosecutor.
4. The learned counsel for the petitioner submitted that the
matter has been settled and hence the proceedings against the
petitioner ought to be quashed. It was also submitted that,
considering the nature of offences alleged, no purpose would be
served by continuing the proceedings.
5. In Gian Singh v. State of Punjab and Another
[(2012) 10 SCC 303], the Apex Court has held that in appropriate
cases, the High Court can take note of the amicable resolution of
disputes between the victim and the wrongdoer to put an end to the
criminal proceedings. This view was reiterated in Narinder Singh
and Others v. State of Punjab and Another [(2014) 6 SCC 466]
and Yogendra Yadav and Others v. State of Jharkhand and
Another [(2014) 9 SCC 653].
6. I have perused Annexure-A3 agreement entered into between
the parties. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and the
defacto complainant stand by the contents thereof. I am satisfied that
the matter has been settled and no public interest is involved in this
case. There is no impediment for granting the prayer for quashing.
The continuance of the proceedings will only be an exercise in futility.
7. Accordingly, all proceedings against the petitioner in C.C.
No.392/2023 on the files of the Judicial Magistrate of First Class,
Angamaly arising out of Crime No.291/2023 of Angamaly Police
Station are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Sbna/
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR NO.291/2023 LODGED
AGAINST THE PETITIONER DATED 15.04.2023
Annexure A2 TRUE COPY OF THE FINAL REPORT LODGED
AGAINST PETITIONER DATED 27.11.2023
Annexure A3 TRUE COPY OF THE AGREEMENT BETWEEN
PETITIONER AND 2ND RESPONDENT DATED
12.12.2023
Annexure ORIGINAL SETTLEMENT DEED
