Kerala High Court
Ajimon vs State Of Kerala on 15 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 932 OF 2024
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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. 932 OF 2024
CRIME NO.1754/2018 OF Kundara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CC 1481/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, KOLLAM
PETITIONER/S:
1 AJIMON
AGED 35 YEARS
S/O. AHAMMED KABEER, CHINCHU MANZIL, ELAMPALLOOR CHERI,
NEAR KUNDARA POST OFFICE, ELAMPALLOOR VILLAGE, KOLLAM
DISTRICT, PIN - 691501
2 NABEESATH
AGED 53 YEARS
W/O. AHAMMED KABEER, CHINCHU MANZIL, ELAMPALOOR CHERI,
NEAR KUNDARA POST OFFICE, ELAMPALLOOR VILLAGE, KOLLAM
DISTRICT, PIN - 691501
3 ALI NIZAMUDEEN
AGED 41 YEARS
S/O. ALI HABEEBUDEEN, R/AT. DARUL HUDHA, THADIKKATTU
CHERI, THADIKKATTU. P.O, ANCHAL VILLAGE, KOLLAM
DISTRICT, PIN - 691306
BY ADVS.
BINU GEORGE
HEMALATHA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 AHAMMAD KABEER
AGED 58 YEARS
S/O. ASSANARU KUNJU, CHINCHU MANZIL, KUNDARA P.O,
ELAMPALLOOR VILLAGE, KOLLAM DISTRICT, PIN - 691501
BY ADV KRISHNA KUMAR G.S.
OTHER PRESENT:
CRL.MC NO. 932 OF 2024
2
SRI. M.C. ASHI (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. 932 OF 2024
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BECHU KURIAN THOMAS, J.
====================
Crl.M.C.No.932 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.1481/2018 of the
Judicial First Class Magistrate Court-I, Kollam arising out of Crime
No.1754/2018 of Kundara Police Station, Kollam District registered for
the offences under Sections 294 (b), 324, 506(II) r/w Section 34 of the
Indian Penal Code, 1860. The 2nd respondent is the defacto
complainant.
3. According to the prosecution, on 08.05.2018, the accused
abused the defacto complainant, 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 served by
continuing the proceedings.
6. In Gian Singh v. State of Punjab [(2012) 10 SCC 303] , the
CRL.MC NO. 932 OF 2024
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 v. State of Punjab [(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 2nd
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 petitioner in
C.C.No.1481/2018 of the Judicial First Class Magistrate Court-I, Kollam
are quashed.
This Crl.M.C is allowed.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
CRL.MC NO. 932 OF 2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO
1754/2018 OF KUNDARA POLICE STATION
Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.1754/2018 OF KUNDARA POLICE STATION
Annexure A3 AFFIDAVIT DATED 12.01.2024 SWORN BY 2ND
RESPONDENT
