Kerala High Court
Sanjay vs State Of Kerala on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CRL.MC NO. 2751 OF 2024
CRIME NO.60/2020 OF KATTOOR POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.661 OF 2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, IRINJALAKUDA
........................................
PETITIONER/ACCUSED NO.1 TO 5 :
1 SANJAY,
AGED 29 YEARS
S/O.SADANANDAN,
MUNDAKKAL HOUSE,
KORUMBISSERY DESOM,
MANAVALASSERY VILLAGE,
THRISSUR DISTRICT - 680701
2 ARUN JOY, AGED 26 YEARS
S/O. JOY,
KAROTTUPARAMBIL HOUSE,
KORUMBISSERY DESOM,
MANAVALASSERY VILLAGE,
THRISSUR DISTRICT - 680 701.
3 ABHINAV, AGED 28 YEARS,
S/O. SANGAMESWARAN,
POTTAYYIL HOUSE,
KORUMBISSERY DESOM,
MANAVALASSERY VILLAGE,
THRISSUR DISTRICT- 680 701.
4 SIDHI, AGED 37 YEARS
S/O. SIVADASAN,
PATHIRASSERY HOUSE,
KORUMBISSERY DESOM,
MANAVALASSERY VILLAGE,
THRISSUR DISTRICT- 680 701.
5 SOORAJ, AGED 32 YEARS
S/O. SUDHAKARAN,
MURIYANKATTIL HOUSE,
EDAKKULAM DESOM,
POOMANGALAM VILLAGE,
THRISSUR DISTRICT- 680 581.
BY ADV VISHNUPRASAD NAIR
CRL.MC 2751/2024
2
RESPONDENT/STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2 JOJI JOSEPH
AGED 50YEARS,
S/O. JOSEPH,
MANTHRA HOUSE,
KORUMBISSERY DESOM,
MANAVALASSERY VILLAGE,
THRISSUR DISTRICT., PIN - 680 701.
SRI.K.R.ARUN KRISHNAN, R2
SRI. ASHI. M. C. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 2751/2024
3
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C. No.2751 of 2024
...................................................
Dated this the 5th 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 5 in C.C.No.661/2020 on the files
of the Judicial First Class Magistrate Court, Irinjalakuda, arising
out of Crime No.60/2020 of Kattoor Police Station, registered for
the offences punishable under Sections 143,147, 148, 447, 427,
294(b), 506(ii), r/w Section 149 of the Indian Penal Code, 1860.
The second respondent is the de facto complainant.
3. According to the prosecution, accused had, on 18.01.2020, on
account of their previous enmity, formed themselves into an
unlawful assembly, trespassed into the house of the de facto
complainant, and abused him, thereby committing the offences
alleged.
4. Heard the learned counsel for the petitioners and the learned
counsel for the respondent, 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 affidavit filed by the second 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 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.
Accordingly, all proceedings against the petitioners in
C.C.No.661/2020 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
ANNEXURE 1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO. 60/2020 OF KATTOOR POLICE STATION.
ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 60/2020 OF KATOOR POLICE
STATION.
ANNEXURE 3 AFFIDAVIT DATED 23/2/2024 SWORN BY 2ND
RESPONDENT.
TRUE COPY
