Kerala High Court
Kuttimon vs State Of Kerala on 16 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
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA,
1945
CRL.MC NO. 379 OF 2024
CRIME NO.720/2020 OF PONNANI POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT CC 92/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER/ACCUSED :
KUTTIMON, AGED 53 YEARS
S/O. KOYAMON, VADAKKEPURATH HOUSE,
VELIYAMCODE POST, KARIMBULLA,
PONNANI, MALAPPURAM DISTRICT 679 577.
BY ADV E.C.AHAMED FAZIL
RESPONDENT/STATE -COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER, PONNANI
PONNANI POLICE STATION,
PONNANI POST,
MALAPPURAM DISTRICT, PIN - 679 577.
3 MUHAMMEDUNNI,
AGED 65 YEARS,
S/O. AYAMMU, THEKKAKATH HOUSE,
GRAMAM POST, VELIYAMCODE,
PONNANI TALUK, MALAPPURAM DISTRICT - 695 512.
SRI. T.R. RANJITH (PP)
SRI.ARJUN SURESH.B., R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 379 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.379 of 2024
...................................................
Dated this the 16th day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482
Cr.P.C to quash all proceedings against him.
2. Petitioner is the accused in C.C.No.92/2021 on the files of
Judicial First Class Magistrate Court, Ponnani; arising out of
Crime No.720/2020 of Ponnani Police Station, registered for
the offences punishable under Sections 323, 324, and 506(ii)
of the Indian Penal Code, 1860. The third respondent is the
de facto complainant.
3. According to the prosecution, on 16.12.2020 the accused
assaulted the de facto complainant with iron pipe, and
thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned
counsel for the respondent, apart from the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that the
CRL.MC NO. 379 OF 2024
matter has been settled and hence the proceedings against the
petitioner 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 third
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 quashing. The
CRL.MC NO. 379 OF 2024
continuance of the proceedings will only be an exercise in
futility.
8. Accordingly, all proceedings against the petitioner in
C.C.No.92/2021 on the files of Judicial First Class Magistrate
Court, Ponnani, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/17/02/2024
CRL.MC NO. 379 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT
DATED 24.12.2020 IN CRIME NO. 720 OF
2020 OF PONNANI POLICE STATION,
MALAPPURAM DISTRICT ALONG WITH
MEMORANDUM OF EVIDENCE.
ANNEXURE A2 AFFIDAVIT DATED 08.01.2024 SWORN BY THE
RESPONDENT NOS. 3.
TRUE COPY
