Kerala High Court
Syam @ Syamkutty 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. 2142 OF 2024
CRIME NO.1026/2015 OF Venmani Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.5038 OF 2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONER/4TH ACCUSED:
SYAM @ SYAMKUTTY
AGED 31 YEARS
S/O GOPAKUMAR, KIZHAKKETHAYIL HOUSE, ELANJIEYIL THEUM
MURI, PULIYOOR VILLAGE, ALAPPUZHA, PIN - 689510.
BY ADV P.THOMAS GEEVERGHESE
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
2 KANNAN @ SUBIN
AGED 28 YEARS
S/O BABU, THEKKUVADAKKETHU PUTHENVEETTIL, KADAIKKADU
MURI, CHERIYANAD VILLAGE, CHENGANNUR, ALAPPUZA, PIN -
689121.
3 SHIJU
AGED 28 YEARS
S/O SHIBU, SHIJU MANZHIL, KADAIKKADU MURI, CHERIYANAD
VILLAGE, CHENGANNUR, PIN - 689121.
4 SHAMNAD
AGED 29 YEARS
S/O SHAMSUDEEN, PERURTHARAYIL HOUSE, KADAIKKADU MURI,
CHERIYANAD VILLAGE, CHENGANNUR, PIN - 689121.
SRI. M.C. ASHI - PUBLIC PROSECUTOR
ADV. TONY THOMAS - R2 TO R4
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. 2142 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 2142 of 2024
----------------------------------------
Dated this the 5th 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 4th accused in C.C. No. 5038 of 2018
on the files of the Judicial First Class Magistrate's Court-I,
Chengannur, arising out of Crime No. 1026 of 2015 of Venmani
Police Station, Alappuzha, registered for the offences under
Sections 447, 341, 323, 324, 294(b) and 506(ii) of the Indian
Penal Code, 1860. Respondents 2 to 4 are the defacto
complainant and the injured witnesses.
3. According to the prosecution, the accused had on
03-05-2015 trespassed into the house of the defacto
complainant and abused him and thereafter assaulted and
thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the
learned counsel for the respondents, apart from the learned
Public Prosecutor.
CRL.MC NO. 2142 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 Anneuxre D, Annexure D1 and
Annexure D2 affidavits filed by respondents 2 to 4. The learned
Public Prosecutor has submitted that upon verification, it is
understood that the affidavits are genuine, and the defacto
complainant and the 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. Accordingly, all proceedings against the petitioner in
CRL.MC NO. 2142 OF 2024
C.C. No. 5038 of 2018 on the files of the Judicial First Class
Magistrate's Court-I, Chengannur are quashed.
This Crl.M.C is allowed as above.
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 2142 OF 2024
PETITIONER ANNEXURES
Annexure.A THE CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO. 1026/2015 OF
VENMONY POLICE STATION
DATED.16.11.2015.
Annexure.B THE TRUE COPY OF DEPOSITION OF PW1
DATED.6.8.2018.
Annexure.B1 THE TRUE COPY OF DEPOSITION OF PW2
DATED.6.8.2018.
Annexure.B2 THE TRUE COPY OF DEPOSITION OF PW3
DATED.6.8.2018.
Annexure.B3 THE TRUE COPY OF DEPOSITION OF PW4
DATED.6.8.2018.
Annexure.B4 THE TRUE COPY OF DEPOSITION OF PW5
DATED.6.8.2018.
Annexure.B5 THE TRUE COPY OF DEPOSITION OF PW6
DATED.6.8.2018.
Annexure.C THE CERTIFIED COPY OF THE JUDGMENT
IN CC 6089/2015 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT -1,
CHENGANNUR DATED.23.10.2018.
Annexure.D THE NOTARISED AFFIDAVIT OF THE 2ND
RESPONDENT, DEFACTO COMPLAINANT
DATED.14.2.2024.
Annexure.D1 THE NOTARISED AFFIDAVIT OF THE 3RD
RESPONDENT, DEFACTO COMPLAINANT
DATED.14.2.2024.
Annexure.D2 THE NOTARISED AFFIDAVIT OF THE 4TH
RESPONDENT, DEFACTO COMPLAINANT
DATED.14.2.2024.
