Kerala High Court
Rajeev vs State Of Kerala on 15 February, 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
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
CRL.MC NO. 880 OF 2024
CRIME NO.2751/2019 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT CC 3103/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS COURT - VII,NEYYATTINKARA
PETITIONERS/ACCUSED :
1 RAJEEV, AGED 32 YEARS
S/O RAJU, RESIDING AT RAJI BHAVAN,
BEHIND CSI CHURCH, PANAVILA,
MULLOOR DESOM, VIZHINJAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 523.
2 ABHILASH, AGED 33 YEARS
S/O SUDHAKARAN, RESIDING AT SUDHA BHAVAN,
PAVAKIMAVILA, MULLOOR DESOM,
VIZHINJAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT - 695 523.
3 SREEMURUKAN, AGED 40 YEARS
S/O SUKUMARAN NADAR, RESIDING AT PUTHENVEETTIL,
KARIKKATHIKUZHI, PANAVILA,
MULLOOR DESOM, VIZHINJAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 523.
BY ADV S.JUSTUS
RESPONDENT/STATE AND CW1 :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 SANTHOSH KUMAR M.,AGED 43 YEARS
S/O MANIYAN, RESIDING AT THIRUVONAM, THECKEKONAM,
KOTTOKAL DESOM, KOTTUKAL VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 501.
BY ADV SOJAN M.J.
SRI. T.R. RANJITH (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 880 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.880 of 2024
...................................................
Dated this the 15th day of February, 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 3 in C.C.No.3103 of 2019 on the
files of the Judicial First Class Magistrate Court (Temporary),
Neyyattinkara, arising out of Crime No.2751/2019 of Vizhinjam
Police Station, registered for the offences punishable under
Sections 294(b), 341, 323 and 427 r/w Section 34 of the Indian
Penal Code, 1860. The second respondent is the defacto
complainant.
3. According to the prosecution, the accused had on 26.09.2019 due
to enmity, assaulted the de facto complainant after restraining
him and abused 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.
CRL.MC NO. 880 OF 2024
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-A2 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
CRL.MC NO. 880 OF 2024
quashing. The continuance of the proceedings will only be an
exercise in futility.
Accordingly, all proceedings against the petitioners in C.C.No.3103
of 2019 on the files of the Judicial First Class Magistrate Court
(Temporary), Neyyattinkara, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/16/02/2024
CRL.MC NO. 880 OF 2024
PETITIONER ANNEXURES
ANNEXURE - A1 CERTIFIED COPY OF THE FINAL REPORT IN
C.C. NO. 3103 / 2019 PENDING BEFORE THE
TEMPORARY COURT OF JUDICIAL FIRST CLASS
MAGISTRATE, NEYYATTINKARA
ANNEXURE - A2 AFFIDAVIT DATED 24.11.2023 OF CW1
TRUE COPY
