Kerala High Court
Arjun Gopal 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. 1241 OF 2024
CRIME NO.680/2016 OF Kalpetta Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.254 OF 2017 OF CHIEF
JUDICIAL MAGISTRATE , KALEPETTA
PETITIONERS/ACCUSED 1 TO 9:
1 ARJUN GOPAL
AGED 26 YEARS
S/O GOPAL, SREELAKAM (H), KALPETTA, KALPETTA VILLAGE,
VYTHIRI TALUK, WAYANAD, KERALA, PIN - 683121.
2 AJNAS AHAMMED E
AGED 28 YEARS
S/O SALEEM E, EARI (H), PUNJAB HOUSE, VENGAPALLI
VILLAGE, PUZHAMUDI POST, WAYANAD, KERALA, PIN - 673122.
3 HABEEB RAHMAN
AGED 29 YEARS
S/O AMMED, KEEZHUTTA (H), KANDATHUVAYAL, VELLAMUNDA
POST AND VILLAGE, WAYANAD, KERALA, PIN - 670731.
4 AJEESH
AGED 27 YEARS
S/O ARUMUGHAN, THONIPADAM HOUSE, MEPPADI POST,
MUPPAINAD VILLAGE, WAYANAD, KERALA, PIN - 673577.
5 ALANBASHA
AGED 28 YEARS
S/O DEVASSY KP, 1525 FLAT, 3B 3RD FLOOR, TS KRISHNA
NAGAR, MAIN ROAD, MOGAPPAIR EAST, MOGAPPAIR,
TIRUVALLUR, TAMIL NADU, PIN - 689101.
6 KARTHIK RAJENDRAN
AGED 26 YEARS
S/O RAJENDRAN, KRISHNA NIVAS, EACHOME PO, ANCHUKUNNU
VILLAGE, WAYANAD, KERALA, PIN - 670645.
7 SREYAS
AGED 28 YEARS
S/O THADEVUS, PALATTY HOUSE (H), PUZHAMUDI PO,
CRL.MC NO. 1241 OF 2024
2
KALPETTA, WAYANAD, KERALA, PIN - 673121.
8 ANOOP V P
AGED 27 YEARS
S/O SADANANDHAN, ARAPARAMBATH (H), MANIPURAM
PO, PUTHUR, KOZHIKODE, KERALA, PIN - 673572.
9 RIJU R
AGED 28 YEARS
S/O RAVI, VADAKKUMPADAM HOUSE, KODUVAYUR
PO,PALAKKAD DISTRICT KERALA, PIN - 678512.
BY ADVS.
ASHIK TOM
DEVIPRIYA SATHYASEELAN
RESPONDENTS/STATE/DEFACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, PIN - 682031.
2 ANJIN ANAND
S/O PREMANAND, AGED 27 YEARS, KAMALALAYAM
HOUSE, NIRMALAGIRI, THOKKILANGADI POST,
KOOTHAPURAM, KANNUR DISTRICT. KERALA, PIN -
670643.
3 AKASH K
S/O SUBRAHMANAYAN, AGED 25 YEARS,
KATTALITHAZHEKUNIYIL HOUSE, CHEEKKONNU WEST
POST, KAKKATTIL, KOZHIKODE DISTRICT, KERALA,
PIN - 673507.
SRI. ASHI M.C. - PUBLIC PROSECUTOR
SAHIL ABDUL KADER - R2 & R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 1241 OF 2024
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C. No. 1241 of 2024
----------------------------------------
Dated this the 5th day of April, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482
of Code of Criminal Procedure, 1973 to quash all proceedings
against them.
2. Petitioners are accused Nos. 1 to 9 in C.C. No. 254 of
2017 on the files of the Chief Judicial Magistrate Court, Kalpetta,
arising out of Crime No.680 of 2016 of Kalpetta Police Station,
registered for the offences under Sections 143, 147, 148, 341 and
324 r/w Section 149 of the Indian Penal Code, 1860.
Respondents 2 and 3 are the defacto complainant and the injured
witness.
3. According to the prosecution, the accused had on
20-10-2016 formed themselves into an unlawful assembly and
assaulted the defacto complainant and thereby committed 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
CRL.MC NO. 1241 OF 2024
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 A3 and Annexure A4 affidavits
filed by respondents 2 and 3. The learned Public Prosecutor has
submitted that upon verification, it is understood that the
affidavits are genuine, and the defacto complainant and the other
deponent 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 submitted that
petitioners have serious criminal antecedents. However, having
CRL.MC NO. 1241 OF 2024
regard to the nature of the allegations in the present case and the
settlement arrived at between the parties, I am of the view that no
purpose would be achieved by continuing the prosecution.
9. Accordingly, all proceedings against the petitioners in
C.C. No. 254 of 2017 on the files of the Chief Judicial Magistrate
Court, Kalpetta are quashed.
This Crl.M.C is allowed as above.
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 1241 OF 2024
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF FIR IN CRIME
NO 680/2016 OF KALPETTA POLICE
STATION, WAYANAD DISTRICT.
Annexure A2 THE CERTIFIED COPY OF FINAL REPORT
IN CRIME NO. 680/2016 OF KALPETTA
POLICE STATION, WAYANAD DISTRICT.
Annexure A3 THE ORIGINAL AFFIDAVIT SWORN TO BY
THE 2ND RESPONDENTS DATED
29.01.2024.
Annexure A4 THE ORIGINAL AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENTS DATED
31.01.2024.
