Kerala High Court
A. Jayakumar vs State Of Kerala on 2 August, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:59885
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
CRL.MC NO. 5724 OF 2024
CRIME NO.1576/2022 OF HILL PALACE POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.376 OF 2023 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA
PETITIONERS/ACCUSED 1-3:
1 A. JAYAKUMAR,
AGED 52 YEARS
S/O APPUKUTTAN ACHARI,
EDAYATH HOUSE, KAVUMBHAGOM P.O .,
NEAR CHERUVALLY DEVI TEMPLE,
KOTTAYAM DISTRICT, PIN - 686543
2 SOORAJ MON M.P,
AGED 41 YEARS
S/O PURUSHOTHAMAN PILLAI ,
MUNDACKAL HOUSE,
KAVUMBHAGOM P.O, NEAR CHERUVALLY DEVI TEMPLE,
KOTTAYAM DISTRICT, PIN - 686543
3 ABHIJITH M.
AGED 31 YEARS
S/O SASEENDRAN,
MOONNOLIKKAL HOUSE,
KAVUMBHAGOM P.O, NEAR CHERUVALLY DEVI TEMPLE,
KOTTAYAM DISTRICT, PIN - 686543
BY ADV.D.SREENATH
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Crl.M.C.No.5724 of 2024
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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 RAGESH P,
AGED 29 YEARS
S/O GOPINATHAN C,
GOKULAM HOUSE,
THIRUVILWAMALA, KANIYARKODE,
THRISSUR DISTRICT,
KANIYARKOD P.O, PIN - 680594
3 ANOOP RAJ M,
AGED 36 YEARS
S/O RAJENDRAN,
PARATHUDIYIL HOUSE,
KANIYARKODE P.O, PIN 680 594,
NOW RESIDING AT KAILASOM HOUSE, MALLICHIRA ROAD,
KATTUKULAM, THIRUVILWAMALA, THRISSUR,
THIRUVILWAMALA P.O,, PIN - 680588
4 BALAKRISHNAN M,
AGED 36 YEARS
S/O MURALEEDHARAN,
PALLIPETTA HOUSE,
MALESAMANGALAM, THIRUVILWAMALA,
THRISSUR, THIRUVILWAMALA P.O,, PIN - 680588
BY ADV. SIJO JOSEPH
OTHER PRESENT:
SRI. ASHI M.C,
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 02.08.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
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Crl.M.C.No.5724 of 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.5724 of 2024
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Dated this the 2nd day of August, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all
proceedings against them.
2. Petitioners are accused 1 to 3 in C.C.No.376/2023 on the
files of the Judicial First Class Magistrate Court, Tripunitura, arising out
of Crime No.1576/2022 of Hill Palace Police Station, Ernakulam District,
registered for the offences under Sections 279, 341, 323, 294(b), 506
and 427 r/w Section 34 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
23.11.2022, drove the vehicle bearing registration No.KL-33 G-5784 in
a rash and negligent manner which hit on the car of the second
respondent 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.
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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-A3 to Annexure-A5 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.
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8. Accordingly, all proceedings against the petitioners in
C.C.No.376/2023 on the files of the Judicial First Class Magistrate Court,
Tripunitura, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/02.08.024
2024:KER:59885
PETITIONERS' ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE FIR IN CRIME
NO. 1576/2022 OF THE HILLPALACE POLICE
STATION STATION DATED 24.11.2022
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
IN IN CC NO. 376/2023 OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
THRIPUNITHURA IN CRIME NO. 1576/2022 OF
THE HILLPALACE POLICE STATION
Annexure A3 AFFIDAVIT SWORN BY THE RESPONDENT NO.2
DATED 29.05.2024
Annexure A4 AFFIDAVIT SWORN BY THE RESPONDENT NO.3
DATED 29.05.2024
Annexure A5 AFFIDAVIT SWORN BY THE RESPONDENT NO.4
DATED 29.05.2024
