Kerala High Court
Saxon Antony 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. 2628 OF 2024
CRIME NO.1052/2018 OF Cheranelloor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.370 OF 2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM
PETITIONER/ACCUSED:
SAXON ANTONY
AGED 28 YEARS
S/O. ANTONY, HOUSE NO.36/2146, PALLIPARAMBIL HOUSE,
EDAPPALLY NOTH P.O., ERNAKULAM,, PIN - 682024
BY ADVS.
RAJU SEBASTIAN VADAKKEKKARA
SABAD K.H.
BERTRAND BASIL
RIFSA REBAIE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 SUB INSPECTOR, CHERANALLOORE POLICE STATION,
CHERANALLOOR P.O., KOCHI,, PIN - 683544
3 PURUSHOTHAMAN,
AGED 75 YEARS
S/O.PEZHANGAN, MANNAMBU VEETTIL, KUNNUMPURM, EDAPPALLY
NOTH P.O., ERNAKULAM, PIN - 682024
BY ADV S.KRISHNA KUMAR (MANGALAM)
OTHER PRESENT:
SMT. SREEJA V. (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. 2628 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 2628 of 2024
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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 accused in C.C.No.370 of 2019 on the
files of the Judicial First Class Magistrate's Court-IX,
Ernakulam, arising out of Crime No. 1052 of 2018 of
Cheranelloor Police Station, registered for the offences under
Section 447 of the Indian Penal Code, 1860. Third respondent
is the defacto complainant.
3. According to the prosecution, the accused had on
19-09-2018 trespassed into the courtyard of the defacto
complainant's house and abused him 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.
CRL.MC NO. 2628 OF 2024
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 2 affidavit filed by the 3 rd
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 continuance of the
proceedings will only be an exercise in futility.
CRL.MC NO. 2628 OF 2024
8. Accordingly, all proceedings against the petitioner in
C.C.No.370 of 2019 on the files of the Judicial First Class
Magistrate's Court-IX, Ernakulam are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 2628 OF 2024
PETITIONER ANNEXURES
Annexure - 1 TRUE COPY OF THE FINAL REPORT IN
CRIME NO.1052/2018 SUBMITTED BY THE
2ND RESPONDENT BEFORE THE HON'BLE
JFCM COURT IX AT ERNAKULAM AND
Annexure - 2 ORIGINAL AFFIDAVIT OF THE 3RD
RESPONDENT/DE FACTO COMPLAINANT DATED
08/03/2024
TRUE COPY
