Kerala High Court
Ambadi vs State Of Kerala on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA,
1946
CRL.MC NO. 1971 OF 2024
CRIME NO.6/2019 OF PUDUKKAD POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.446 OF 2019
OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA
PETITIONERS/ACCUSED 1 TO 11 :
1 AMBADI, AGED 29 YEARS
S/O. VIJAYAN MEPPURATHU HOUSE,
AADHOOR DESOM,
KALLUR VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 302.
2 SUBI, AGED 23 YEARS,
S/O.SUBRAMANYAN,
KUMBARAN HOUSE,
SNEHAPURAM DESOM,
CHENGANALLOOR VILLAGE,
MUKUNMDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 312.
3 AJITH, AGED 34 YEARS
S/O.ASOKAN, ALUVAKKARAN HOUSE,
PACHALIPPURAM DESOM,
AMBALLOR VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 301.
4 PRADEEP @ ODIYAN, AGED 43 YEARS
S/O.GOPALAN, KIZAKKOOTT HOUSE,
PACHALIPURAM DESOM, AMBALLOOR VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 301.
5 RENJITH, AGED 29 YEARS
S/O.CHANDRAN, KARYATTU HOUSE,
PACHALIPURAM DESOM,
AMBALLOOR VILLAGE,
THRISSUR DISTRICT, PIN - 680 301.
6 PRAVEEN, AGED 32 YEARS
S/O.PEETHAMBARAN,
KOLLERI HOUSE,
PACHALIPURAM DESOM,
AMBALLOOR VILLAGE,
THRISSUR DISTRICT, PIN - 680 301.
CRL.MC 1971/2024
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7 RAJEEV, AGED 38 YEARS
S/O.PEETHAMBARAN,
KARYATTU HOUSE,
PACHALIPURAM DESOM,
AMBALLOOR VILLAGE,
THRISSUR DISTRICT- 680 301.
8 RAJESH, AGED 45 YEARS
S/O. GOPALAKRISHNAN,
ATTOOR HOUSE,
TALAVANIKKARA DESOM,
NENMANIKKARA VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT-680 301.
9 RAJESH, AGED 51 YEARS,
S/O.KUNJERI,
VADAKKEDATHU HOUSE,
VALLACHIRA DESOM,
VALLACHIRA VILLAGE,
THRISSUR DISTRICT- 680 562.
10 VAISAKH, AGED 35 YEARS
S/O.SIVADASAN,
KOLANAGARA PARAMBIL HOUSE,
PALLAM DESOM,
PARAPOOKKARA VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT- 680 310.
11 CHANDRAN, AGED 56 YEARS
S/O.NARAYANAN,
THOTTIPARAMBIL HOUSE,
NENMANIKKARA DESOM,
NENMANIKKARA VILLAGE,
MUKUNDAPURAM
THRISSUR DISTRICT - 680 301
BY ADV N.L.BITTO
RESPONDENTS/STATE AND DEFACTO COMPLAINANT :
1 STATE OF KERALA
REP. BY THE SUB INSPECTOR OF POLICE,
PUDUKKADU POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
PIN - 682 031.
CRL.MC 1971/2024
3
2 U.S.SREEBHOSH, AGED 43 YEARS
S/O. U.K SARANGAN,
SREEVALSAM, UTTUKULAM HOUSE,
ERAVIMANGALAM DESOM,
ERAVIMANGALAM VILLAGE,
THRISSUR TALUK,
THRISSUR DISTRICT - 680 751.
3 SUNOJ, AGED 44 YEARS
S/O. VASU, VAILOPPILLY HOUSE,
VADAKKUMURI DESOM,
VARANDARAPILLY VILLAGE,
CHALAKUDY TALUK,
THRISSUR DISTRICT, PIN - 680 303.
4 ABIN, AGED 25 YEARS
S/O.SASI, CHINNANGATH HOUSE,
ALENGADU DESOM,
KALLUR VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 302.
5 YADHUKRISHNA, S/O SATHYAN,
NEDUMBARAMBIL HOUSE,
VATTANTHARA DESOM,
AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 301.
BY ADV VINEETH V. -R2 - R5
SRI.ASHI M.C., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 1971/2024
4
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.1971 of 2024
...................................................
Dated this the 4th day of April, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to
quash all proceedings against them.
2. Petitioners are accused Nos.1 to 11 in C.C.No.446/2019 on the files of
the Judicial First Class Magistrate Court, Irinjalakuda, arising out of
Crime No.6/2019 of Pudukkad Police Station, registered for the offences
punishable under Sections 341, 323, and 427 r/w Section 34 of the
Indian Penal Code, 1860. The second respondent is the de facto
complainant and respondents 3 to 5 are injured witnesses.
3. According to the prosecution, accused had, on 03.01.2019 formed
themselves into an unlawful assembly after restraining the de facto
complainant, and assaulting them, causing damage to their camera worth
Rs.1,500/-, thereby committing the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for
the respondents, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the matter has
been settled and hence the proceedings against the petitioners 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 to Annexure-6 affidavits filed by the
respondents 2 to 5. The learned Public Prosecutor has submitted that
upon verification, it is understood that the affidavits are genuine, and
the de facto complainant and other deponents 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.
8. Though the learned Public Prosecutor, upon instructions, submitted that,
accused are all involved in several other crimes and that the first
petitioner is involved in five crimes, I am of the view that considering
the nature of allegations in the present case and the settlement arrived
at between the parties, no purpose would be achieved by continuing the
prosecution.
Accordingly, all proceedings against the petitioners in C.C.No.446/2019
on the files of the Judicial First Class Magistrate Court, Irinjalakuda, are
quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/08/04/2024
PETITIONER ANNEXURES
ANNEXURE1 A TRUE COPY OF THE FIR IN CRIME NO.06 OF 2019
OF THE PUDUKKAD POLICE STATION DATED
03/01/2019.
ANNEXURE2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.
6 OF 2019 OF THE PUDUKKADU POLICE DATED
15/2/2019.
ANNEXURE3 ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT
SREEBHOSH DATED 11/09/2023.
ANNEXURE4 ORIGINAL AFFIDAVIT OF THE 3RD RESPONDENT
SUNOJ DATED 11/09/2023.
ANNEXURE5 ORIGINAL AFFIDAVIT OF THE 4TH RESPONDENT ABIN
DATED 11/09/2023.
ANNEXURE6 ORIGINAL AFFIDAVIT OF THE 5TH RESPONDENT
YADHU DATED 06/06/2023.
ANNEXURE7 A TRUE COPY OF THE ORDER IN CRL.MC.9201 OF
2023 HIGH COURT OF KERALA DATED 20/11/2023.
TRUE COPY
