Kerala High Court
Krishnadas 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. 359 OF 2024
AGAINST THE ORDER/JUDGMENT CC 2608/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,THRISSUR
PETITIONER/ACCUSED 1 & 2:
1 KRISHNADAS, AGED 69 YEARS
S/O.RAMAN, VAISYAPPATT HOUSE,
P.O.ENGINEERING COLLEGE,
MANNAMKAD, PALLIMOOLA,
THRISSUR, PIN - 680 631.
2 VISWANATHAN, AGED 64 YEARS
S/O.RAMAN, VAISYAPPATT HOUSE,
P.O.ENGINEERING COLLEGE,
MANNAMKAD, PALLIMOOLA,
THRISSUR, PIN - 680 631.
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2 RADHAKRISHNAN, AGED 68 YEARS
S/O.LATE KUTTAPPAN, MADHATHIPARAMBIL HOUSE,
P.O.KUNDUKAD, KARUVANKAD DESOM,
THRISSUR, PIN - 680 028.
SRI. T.R. RANJITH (PP)
SRI.BENNY VARGHESE, R2
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. 359 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.359 of 2024
...................................................
Dated this the 16th 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 and 2 in C.C.No.2608 of 2017
on the files of the Judicial First Class Magistrate Court-I,
Thrissur, arising out of a private complaint filed by the
second respondent, alleging offences punishable under
Sections 143, 147, 394, and 452 r/w Section 149 of the
Indian Penal Code, 1860. The second respondent is the
defacto complainant.
3. According to the de facto complainant, the accused had
trespasssed into the house of the de facto complainant and
robed household items including gold ornaments 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
CRL.MC NO. 359 OF 2024
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-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
CRL.MC NO. 359 OF 2024
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.2608 of 2017 on the files of the Judicial First Class
Magistrate Court-I, Thrissur, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/17/02/2024
CRL.MC NO. 359 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF PRIVATE COMPLAINT
DATED 30/1/2015 FILED BY 2ND
RESPONDENT HEREIN.
ANNEXURE A2 AFFIDAVIT DATED 9/1/2024 OF 2ND
RESPONDENT.
TRUE COPY
