Kerala High Court
Indrajith vs State Of Kerala on 29 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
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
CRL.MC NO. 3827 OF 2023
CRIME NO.1529/2021 OF Sasthamcotta Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.507 OF 2021 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT - II, SASTHAMCOTTA
PETITIONERS/ACCUSED 1 TO 4:
1 INDRAJITH
AGED 26 YEARS
S/O SUDEESH BABU, PALAZHI HOUSE, KUNNATHOOR VILLAGE,
IVARKALA,SASTHAMKOTTA, KOLLAM, PIN - 690540
2 SUDEESH BABU
AGED 59 YEARS
S/O SADASIVAN , PALAZHI HOUSE, KUNNATHOOR VILLAGE,
IVARKALA, SASTHAMKOTTA, KOLLAM, PIN - 690540
3 BINDHU SUDEESH
AGED 51 YEARS
W/O SUDHEESH BABU, PALAZHI HOUSE, KUNNATHOOR VILLAGE,
IVARKALA,SASTHAMKOTTA, KOLLAM, PIN - 690540
4 KRISHNA
AGED 19 YEARS
D/O SUDHEESH BABU, PALAZHI HOUSE, KUNNATHOOR VILLAGE,
IVARKALA, SASTHAMKOTTA, KOLLAM, PIN - 690540
BY ADVS.
VISHNU BHUVANENDRAN
B.ANUSREE
RESHMA UNNIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 SURESH BABU
S/O SADASIVAN, KALAYIL VEETIL, CHAKKALAMUKKU,
KUNNAHOOR, IVARKALA KIZHAKKU, KOLLAM, PIN - 690540
BY ADVS.
PUBLIC PROSECUTOR
D.G.VIPIN
DANIEL A.J.(K/000772/2020)
MANISHA V.V(K/1250/2023)
ANNA ROSE NAMBADAN(K/1574/2023)
CRL.MC NO. 3827 OF 2023
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 3827 OF 2023
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C.No. 3827 of 2023
----------------------------------------
Dated this the 29th day of February, 2024
ORDER
Petitioners have invoked the jurisdiction under Section
482 of Code of Criminal Procedure, 1973 to quash all
proceedings against them.
2. Petitioners are the accused in C.C.No. 507 of 20221
on the file of the Judicial First Class Magistrate's Court,
Sasthamcotta (Temporary), arising out of Crime No.1529 of
2021 of Sasthamcotta Police Station, Kollam, registered for
the offences under Sections 323, 294(b)and 427 r/w Section
34 of the Indian Penal Code, 1860. Second respondent is the
defacto complainant.
3. According to the prosecution, the accused had on
25-10-2021, abused the defacto 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
CRL.MC NO. 3827 OF 2023
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-VII and Annexure-VIII
affidavits 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.
CRL.MC NO. 3827 OF 2023
8. Accordingly, all proceedings against the petitioners in
C.C.No. 507 of 20221 on the file of the Judicial First Class
Magistrate's Court, Sasthamcotta (Temporary) are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 3827 OF 2023
PETITIONER ANNEXURES
Annexure-I CERTIFIED COPY OF THE FIR IN CRIME
NO.1529/2021 DATED 01.11.2021 OF
SASTHAMCOTTAH POLICE STATION, KOLLAM
IS PRODUCED HEREWITH AND MAY BE
MARKED AS ANNEXURE-I.
Annexure-II CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.1529/2021 DATED
21.11.2021 OF SASTHAMCOTTAH POLICE
STATION, KOLLAM
Annexure-III TRUE COPY OF THE COMPLAINT DATED
26.10.2021 PREFERRED BY THE 3RD
PETITIONER BEFORE THE SASTHAMCOTTA
POLICE STATION ALONG WITH ITS
RECEIPT
Annexure-IV TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE 1ST PETITIONER BEFORE THE
SASTHAMCOTTA POLICE STATION ALONG
WITH ITS RECEIPT DATED 28.10.2021
Annexure-v TRUE COPY OF THE FIR IN CRIME
NO.1530/2021 OF SASTHAMCOTTA POLICE
STATION, KOLLAM DATED 01.11.2023
Annexure-VI TRUE COPY OF THE MEDICAL CERTIFICATE
OF THE 1ST PETITIONER ISSUED FROM
TALUK HEADQUARTERS HOSPITAL,
SASTHAMCOTTA
Annexure-VII TRUE COPY OF THE AFFIDAVIT OF THE
2ND RESPONDENT DATED 23.11.2023.
Annexure-VIII TRUE COPY OF THE AFFIDAVIT OF THE
2ND RESPONDENT'S WIFE (CW2 IN THE
ABOVE CRIME) DATED 23.11.2023.
TRUE COPY
