Kerala High Court
Renju 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. 1134 OF 2024
CRIME NO.63/2024 OF NARAKKAL POLICE STATION, ERNAKULAM
PETITIONERS:
1 RENJU, AGED 39 YEARS
S/O JOY, THANNIPPILLY HOUSE,
EDAVANAKKAD, ERNAKULAM DISTRICT- 682 502.
2 SAADHIK, AGED 38 YEARS
S/O.MAAMADH, VACHKKAL, EDAVANAKKAD,
ERNAKULAM DISTRICT, PIN - 682 502.
BY ADV C.S.MANU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM,, PIN - 682 031.
2 SUB-INSPECTOR OF POLICE
NARAKAL POLICE STATION
ERNAKULAM DISTRICRT, PIN - 682 505.
3 UDAYAKUMAR T.P
AGED 54 YEARS
S/O.PEZHANGAN, THUNDITHARA,
THAMARAVATTOM, EDAVANAKKAD
ERNAKULAM DISTRICT, PIN - 682 502.
BY ADV UDAYAKUMAR T.P(Party-In-Person)
SRI.RANJITH T.P., PP
SRI.VIJAYAKUMAR C.Y., - R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 1134 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.1134 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 & 2 in Crime No.63/2024 of
Narakkal Police Station, registered for the offences punishable
under Sections 452 and 427 r/w Section 34 of the Indian Penal
Code, 1860. The third respondent is the de facto complainant.
3. According to the prosecution, accused had, on 13.01.2024 got into
a bar where the de facto complainant was working, and after
consuming alcohol, refused to pay the bill, and thereafter,
destroyed the liquor bottle and glasses, and created terror inside
the bar, and caused a loss of Rs.1,000/-, and thereby committed
the offences alleged.
4. Heard the learned counsel for the petitioners and the learned
counsel for the respondent, apart from the learned Public
CRL.MC NO. 1134 OF 2024
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-A2 affidavit filed by the third
respondent. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and the
de facto complainant stands by the contents thereof. I am satisfied
that the matter has been settled and no public interest is involved
CRL.MC NO. 1134 OF 2024
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 submitted that the first
petitioner is involved in two murder cases, it is noticed from
Annexure-A3 and Annexure-A4 judgments that in Crime
No.307/2006 and Crime No.1548/2013 by Narakkal Police Station,
the petitioner, who was the first accused, has been acquitted.
Having regard to 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 Crime
No.63/2024 of Narakkal Police Station, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/04/2024
CRL.MC NO. 1134 OF 2024
PETITIONER ANNEXURES
ANNEXURE A-1 TRUE COPY OF THE FIR IN CRIME. NO. 63 OF
2024 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE'S COURT, NARAKAL ,
ERNAKULAM DISTRICT.
ANNEXURE A-2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE
3RD RESPONDENT/DEFACTO COMPLAINANT.
ANNEXURE A-3 TRUE COPY OF THE ORDER DATED 29-09-2012
IN SC.NO.327 OF 2010 PASSED BY THE
HON'BLE DISTRICT AND SESSIONS JUDGE
ERNAKULAM.
ANNEXURE A-4 TRUE COPY OF THE ORDER DATED 31-01-2019
IN SC.NO.780 OF 2016 PASSED BY THE
ADDITIONAL SESSIONS JUDGE -VII.
TRUE COPY
