Kerala High Court
Ronak vs The 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. 356 OF 2024
CRIME NO.744/2019 OF KANNANALLOOR POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT CC 788/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,KOTTARAKKARA
PETITIONER/S:
1 RONAK,AGED 42 YEARS
S/O V.P RADHAKRISHNA PILLAI,
DEVALAYAM VEEDU, MUNDAKKAL,
KOLLAM, PIN - 691 010.
2 INDUCHUDAN, AGED 52 YEARS
S/O RAMANUJAN PILLAI,
INDRAPRASTHAM, WEST KALLADA,
NADUVILAKKARA, KOLLAM - 691 500.
BY ADV BHARATH MOHAN
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT - 682 031.
2 THE SUB INSPECTOR OF POLICE
VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 607.
3 V P RADHAKRISHNA PILLAI
S/O VENUGOPALA PILLAI, DEVU ALAYAM,
UDAYAMARTHANDAM, MUNDAKKAL,
KOLLAM, PIN - 691 010.
BY ADV N.KRISHNA PRASAD, R3
SRI.NOUSHAD K.A., PP
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. 356 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.356 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 in C.C.No.788 of 2019 on the files of the
Judicial First Class Magistrate Court-II, Kottarakara, arising out of
Crime No.744/2019 of Kannanelure Police Station, registered for the
offences punishable under Sections 294(b), 323, and 506 r/w Section
34 of the Indian Penal Code, 1860. The third respondent is the
defacto complainant.
3. According to the prosecution, on 04.11.2019 accused abused the de
facto complainant and 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
CRL.MC NO. 356 OF 2024
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-C 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 continuance of the proceedings will only be an exercise in
futility.
CRL.MC NO. 356 OF 2024
Accordingly, all proceedings against the petitioners in C.C.No.788 of
2019 on the files of the Judicial First Class Magistrate Court-II,
Kottarakara, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/17/02/2024
CRL.MC NO. 356 OF 2024
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE F.I.R. IN CRIME NO
744/2019 OF THE KANNANELURE POLICE
STATION, KOLLAM DISTRICT DATED, 09-11-
2019.
ANNEXURE B A TRUE COPY OF THE FINAL REPORT DATED
19/11/2019.
ANNEXURE C A TRUE COPY OF THE AFFIDAVIT DATED 10-12-
2023 OF THE 3RD RESPONDENT.
TRUE COPY
