Kerala High Court
Mukesh vs State Of Kerala on 12 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
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA,
1946
CRL.MC NO. 3102 OF 2024
CRIME NO.62/2016 OF CHADAYAMANAGALAM POLICE STATION,
KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.5 OF 2021 OF
SPECIAL COURT- OFFENCES UNDER SC/ST (POA)
ACT,1989,KOTTARAKKARA
..............................
PETITIONER/ACCUSED-A4 :
MUKESH, AGED 36 YEARS
S/O MURALEEDHARAN PILLAI, KARTHIKA,
CHERIYA VELINALLUR MURI, VELINALLUR VILLAGE,
KOLLAM DISTRICT, PIN - 691 516.
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
RESPONDENT/STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE DEPUTY SUPERINTENDENT OF POLICE,
PUNALUR DY.S.P. OFFICE, PUNALUR,
KOLLAM DISTRICT, PIN - 691 305.
3 VISHNU, AGED 28 YEARS
S/O ASHOKAN, ANEESH MANDIRAM,
CHERIYAVELINNALLOOR MURI,
ELAMADU VILLAGE,
KOLLAM DISTRICT - 691 516.
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 3102/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C. No.3102 of 2024
...................................................
Dated this the 12th 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 fourth accused in L.P.No.5/2021 on the files of the
Special Court for SC/ST (POA) Act Cases, Kottarakkara, arising out
of Crime No.62/2016 of Chadayamangalam Police Station, registered
for the offences under Sections 341, 294, 323, 324 and 326 of the
Indian Penal Code, 1860 apart from 3(1)(xii) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The third respondent is the de facto complainant.
3. According to the prosecution, on 09.01.2016 accused had abused
the de facto complainant by calling his caste name, and assaulted
him with an iron rod, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned
counsel for the respondent, apart from the learned Public
Prosecutor.
5. 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.
6. 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].
7. I have perused Annexure-D affidavit filed by the third respondent.
The learned Public Prosecutor has submitted that upon verification,
it is understood that the affidavit is genuine, and de facto
complainant stands 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.
8. Accordingly, all proceedings against the petitioner in L.P.No.5/2021
on the files of the Special Court for SC/ST (POA) Act Cases,
Kottarakkara, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/15/04/2024
PETITIONER ANNEXURES
ANNEXURE-A CERTIFIED COPY OF THE FIR IN CRIME NO.
62 / 2016 OF CHADAYAMANGALAM POLICE
STATION DATED 11.01.2016.
ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 62 / 2016 OF CHADAYAMANGALAM
POLICE STATION DATED 15.08.2016.
ANNEXURE-C CERTIFIED COPY OF THE JUDGMENT DATED
01.02.2020 IN S.C. NO. 71/ 2016 OF SPECIAL
COURT FOR SC/ST (POA) ACT CASES,
KOTTARAKARA.
ANNEXURE-D AFFIDAVIT OF THE 3RD RESPONDENT.
TRUE COPY
