Kerala High Court
Jansil vs State Of Kerala on 3 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
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
CRL.MC NO. 2067 OF 2024
CRIME NO.160/2008 OF Vadakkekara Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.447 OF 2009 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR
PETITIONER/2ND ACCUSED:
JANSIL
AGED 38 YEARS
S/O OF SILVESTER, KADAKATHU HOUSE, CHENDAMANGALAM
VILLAGE, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN -
683512
BY ADV ALEENA SONY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 SHAMEER
AGED 40 YEARS
S/O ALIYAR, MULLAKKARA HOUSE, NEENDOORKARA,
VADAKKEKKARA VILLAGE, NORTH PARAVUR, ERNAKULAM
DISTRICT, PIN - 683513
BY ADV SEEGA JOY
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2067 OF 2024
2
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C. No. 2067 of 2024
----------------------------------------
Dated this the 3rd day of April, 2024
ORDER
Petitioner has invoked the jurisdiction under Section
482 of Code of Criminal Procedure, 1973 to quash all
proceedings against him.
2. Petitioner is the 2nd accused in C.C.No.447 of 2009
on the files of the Judicial First Class Magistrate's Court-I,
North Paravur, arising out of Crime No. 160 of 2008 of
Vadakkekara Police Station, Ernakulam, registered for the
offences under Sections 341, 323, 324 and 452 r/w Section
34 of the Indian Penal Code, 1860. Second respondent is
the defacto complainant.
3. According to the prosecution, the accused had on
13-03-2008 restrained the defacto complainant and
assaulted him after trespassing into the house and thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioner and
the learned counsel for the respondent, apart from the
CRL.MC NO. 2067 OF 2024
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 3 affidavit filed by the 2 nd
respondent. The learned Public Prosecutor has submitted
that upon verification, it is understood that the affidavit is
genuine, and the defacto 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
CRL.MC NO. 2067 OF 2024
continuance of the proceedings will only be an exercise in
futility.
8. Accordingly, all proceedings against the petitioner
in C.C.No.447 of 2009 on the files of the Judicial First
Class Magistrate's Court-I, North Paravur are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 2067 OF 2024
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE F.I.R
BEARING NO. 160/2008 DATED
14.03.2008 OF VADAKEKKARA POLICE
STATION, ERNAKULAM DISTRICT
Annexure A2 THE CERTIFIED COPY OF THE CHARGE
SHEET BEARING NO. 182/2008 DATED
31.05.2008 OF VADAKEKKARA POLICE
STATION, ERNAKULAM DISTRICT
Annexure 3 A TRUE COPY THE AFFIDAVIT OF
SETTLEMENT DATED 27.02.2024 SWORN
BY THE 2ND RESPONDENT.
TRUE COPY
