Kerala High Court
Nishad vs State Of Kerala on 23 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 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
CRL.MC NO. 1265 OF 2024
CRIME NO.251/2012 OF POTHUKAL POLICE STATION, MALAPPURAM
IN SC 671/2015 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
II, MANJERI / II ADDITIONAL MACT, MANJERI
PETITIONER/5TH ACCUSED:
NISHAD
AGED 37 YEARS
S/O. MOHAMMAD,
RESIDING AT MELIKULATHIL HOUSE,
CHEMBANKILLIL, EDAKKARA, NILAMBUR,
MALAPPURAM DISTRICT, PIN - 679331
BY ADVS.
K.C.ELDHO
S.BIJILAL
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, PIN - 682031
2 NISSAR @ MOHAMMAD NISSAR
AGED 39 YEARS
S/O. HYDRU,
THONDIL HOUSE, CHEMBHEN KOLLI UPPADA PO,
EDAKKARA, NILAMBUR, PIN - 679331
BY ADV.
EBEE ANTONY
Crl.M.C.No.1265 of 2024
-:2:-
OTHER PRESENT:
SRI. NOUSHAD K.A.
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1265 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.1265 of 2024
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Dated this the 23rd 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 fifth accused in S.C. No.671/2015 on the files of
the Additional Sessions Court-II, Manjeri, arising out of Crime No.251/2012
of Pothukal Police Station, registered for the offences under Sections 143,
147, 148, 341, 324 and 308 r/w Section 149 of the Indian Penal Code,
1860. Second respondent is the defacto complainant. The case has in the
meantime transferred to the long pending register as L.P.No.56/2016.
3. According to the prosecution, the accused had, on 06.10.2012,
assaulted the defacato complainant with dangerous weapons 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 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 A5 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 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
L.P.No.56/2016 in S.C. No.671/2015 on the files of the Additional Sessions
Court-II, Manjeri, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/23.02.24
PETITIONER'S ANNEXURES
Annexure A1 A TRUE COPY OF THE CRL. MC NO.7579 OF 2019
BEFORE THIS HONBLE HIGH COURT OF KERALA
ALONG WITH AFFIDAVIT OF THE DEFACTO
COMPLAINANT.
Annexure A2 A TRUE COPY OF THE JUDGMENT IN CRL. MC
NO.7579 OF 2019 BEFORE THIS HONBLE HIGH
COURT OF KERALA DATED 13/11/2019.
Annexure A3 THE CERTIFIED COPY OF THE FINAL REPORT IN
SC NO.671/2015 ON THE FILE OF ADDITIONAL
DISTRICT & SESSIONS COURT,II MANJERI.
Annexure A4 A TRUE COPY OF THE ORDER DATED 28/04/2023
CRL MP NO.487/2022 IN LP NO.56 OF 2016 IN
SESSION CASE NO.671/2015 ON THE FILE OF
LIND ADDITIONAL DISTRICT & SESSIONS COURT,
MANJERI.
Annexure A5 THE AFFIDAVIT FILED BY THE 2ND RESPONDENT
DATED 26/01/2024.
