Kerala High Court
Nidhin Dennis 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. 2325 OF 2024
CRIME NO.673/2022 OF Chevayur Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.323 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
PETITIONERS/ACCUSED 1 TO 3:
1 NIDHIN DENNIS
AGED 22 YEARS
S/O DEVENDRANTH MANOHAR, LOTUS COTTAGE, CHEVAYOOR P.O.,
KOZHIKODE, PIN - 673017.
2 HASHMI C
AGED 22 YEARS
S/O VINODH KUMAR, FLAT C5, N. G.O. QUARTERS P.O.,
MERIKUNNU, PIN - 673012.
3 MUHAMMED NABEEL
AGED 23 YEARS
S/O NAJEER MUHAMMED, NABEEL MANZIL, VADAKEVILA,
BALAMAPURAM P.O., THIRUVANANTHAPURAM, PIN - 695501.
BY ADV SANJANA SARA VARGHESE ANNIE
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ABDUL RASHEED M. P
S/O. MUHAMMAD SALEEM N. P., NENMINI PARAMBA HOUSE,
IRIGADANPALLI, CHEVAYOOR P.O., KOZHIKODE - 673017.
BY ADV AJAY KRISHNAN S. - R2
SRI. NOUSHAD K. A. - PUBLIC PROSECUTOR
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. 2325 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 2325 of 2024
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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 3 in C.C. No. 323 of
2023 on the files of the Judicial First Class Magistrate's Court-I,
Kozhikode, arising out of Crime No. 673 of 2022 of Chevayur
Police Station, registered for the offences under Sections 323,
324, and 341 r/w Section 34 of the Indian Penal Code, 1860.
Second respondent is the defacto complainant.
3. According to the prosecution, the accused had on
19-10-2022 restrained the defacto complainant and assaulted
him 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 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
CRL.MC NO. 2325 OF 2024
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 affidavit filed by the 2 nd
respondent. The learned Public Prosecutor has submitted that
upon verification, it is understood that the affidavit is genuine,
and the defacto 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.
8. Accordingly, all proceedings against the petitioners in
C.C. No. 323 of 2023 on the files of the Judicial First Class
Magistrate's Court-I, Kozhikode,are quashed.
This Crl.M.C is allowed as above.
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 2325 OF 2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME
NO. 673/2022 ON THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE
COURT I, KOZHIKODE.
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT
IN IN C. C. NO. 323/2023 IN CRIME
NO. 673/2022 ON THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE
COURT I, KOZHIKODE.
Annexure A3 TRUE COPY OF THE AFFIDAVIT DATED
19.01.2024 SWORN BY THE SECOND
RESPONDENT.
