Kerala High Court
Ajay Krishna 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. 890 OF 2024
CRIME NO.1312/2015 OF PEROORKADA POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT CC 103/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -X, THIRUVANANTHAPURAM
PETITIONER/ACCUSED :
1 AJAY KRISHNA, AGED 26 YEARS
S/O RADHAKRISNAN NAIR, TC-31/1448,
SRA-20, NEAR UPS NEDUGAD, MANACADU,
TRIVANDRUM, PIN - 695 009.
2 SHAAN SALIM, AGED 29 YEARS
S/O SALIM, LEELA BHAVAN,
BHARATH NAGAR, BNRA 49-A,
PAPPAD LANE, NETTAYAM,
PEROORKADA,TRIVANDRUM - 695 005.
3 SAJIN, AGED 30 YEARS
S/O CHANDRAN, KKVRA-20, KULAGOOR VEEDU,
PURAVOORKONAM, KARAKULAM,
TRIVANDRUM, PIN - 695 043.
BY ADV AMJATH A.R
RESPONDENT/STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 HASEEB S.K. AGED 37 YEARS
S/O SHAHUL HAMEED, VALIYA KALUNG,
S.K. HOUSE, PARANDODE P.O.,
ARYANADU VILLAGE, THIRUVANANTHAPURAM - 695 542.
SRI.T.R.RANJITH, PP
SRI.B.THARIF
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. 890 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.890 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.103 of 2018 on the
files of the Judicial First Class Magistrate Court-XI,
Thiruvananthapuram, arising out of Crime No.1312/2015 of
Peroorkada Police Station, registered for the offences punishable
under Section 403, 419, 465, 468, 471, 420 r/w Section 34 of the
Indian Penal Code, 1860. The second respondent is the de facto
complainant.
3. According to the prosecution, the accused committed theft of a
BMW, car bearing registration No.KL-26/A-1800, on 15.07.2015
belonging to the de facto complainant, and also forged the sale
letters and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned
CRL.MC NO. 890 OF 2024
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 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 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
CRL.MC NO. 890 OF 2024
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.
Accordingly, all proceedings against the petitioners in C.C.No.103 of
2018 on the files of the Judicial First Class Magistrate Court-XI,
Thiruvananthapuram, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/16/02/2024
CRL.MC NO. 890 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 A CERTIFIED COPY OF FIR AND FIS IN CRIME
NO.1312/2015 OF PEROORKADA POLICE STATION,
TRIVANDRUM.
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CC
NO. 103/2018 JUDICIAL FIRST CLASS
MAGISTRATE COURT XI, TRIVANDRUM.
ANNEXURE A3 THE AFFIDAVIT DATED 10-01-2023 SWORN BY
THE 2ND RESPONDENT/ DE-FACTO COMPLAINANT.
TRUE COPY
