Anil Kumar vs State Of Kerala
2024 Latest Caselaw 14811 Ker

Kerala High Court

Anil Kumar vs State Of Kerala on 4 June, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

Crl.M.C.2921/2024
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                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                             CRL.MC NO. 2921 OF 2024
        CRIME NO.956/2015 OF PERINGOME POLICE STATION, KANNUR
AGAINST        THE     ORDER/JUDGMENT    DATED    IN   SC   NO.180   OF   2017   OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, PAYYANNUR
PETITIONERS/ACCUSED 1 TO 4:

       1            ANIL KUMAR, AGED 49 YEARS, S/O NARAYANAN,
                    POORAKADAVATH (H), KUTTUR P.O,
                    KANNUR DISTRICT., PIN - 670306
       2            RANJITH P.M, AGED 40 YEARS
                    S/O RAGHAVAN, MEEJALE VEETIL (H),
                    MATHAMANGALAM, ERAMAM P.O,
                    PUNIYAMKODE, KANNUR DISTRICT., PIN - 670307
       3            SIJU M, AGED 40 YEARS,
                    S/O GOVINDHAN, MUNDAYATT (H),
                    ERAMAM P.O,
                    KANNUR DISTRICT., PIN - 670307
       4            MANOJ, AGED 45 YEARS,
                    S/O KUNJIRAMAN, MUNDAYATT (H),
                    KUTTUR AMSOM,
                    KANNUR DISTRICT, PIN - 670306
                    BY ADVS.
                    B.MUHAMMED SHAHEEL
                    R.N.SANDEEP
                    KEERTHI VIJAYAN
                    JYOTHI R. NAIR


RESPONDENTS/STATE:

       1            STATE OF KERALA,
                    REPRESENTED BY PUBLIC PROSECUTOR,
                    HIGH COURT OF KERALA, PIN - 682031
       2            MIDHILAJ, AGED 29 YEARS
                    S/O ABDUL NASAR,
                    MEETHILEAPURAYIL (H),
                    ERAMAM P.O, MATHAMANGALAM,
                    KANNUR DISTRICT, PIN - 670307.
 Crl.M.C.2921/2024
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        3           AFTAB, AGED 29 YEARS
                    S/O ABDULLA, SUHARA MANZIL, ERAMAM AMSOM,
                    MATHAMANGALAM, KANNUR DISTRICT, PIN - 670307
        4           FAHADH M.P, AGED 31 YEARS
                    S/O ABDUL RAHEEM, FAHADH MAHAL, MEETHILEAPURAYIL
                    (H), MATHAMANGALAM, ERAMAM AMSOM, KANNUR DISTRICT,
                    PIN - 670307
                    BY ADV RANGEETH G.S.
                    SREEJA V.(PP)


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.2921/2024
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                         BECHU KURIAN THOMAS, J
                    ......................................................
                             Crl.M.C.No.2921 of 2024
                     ...................................................
                     Dated this the 4th day of June, 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 to 4 in S.C.No.180/2017 on the files

of the Assistant Sessions Court, Payyannur, arising out of Crime

No.956/2015 of Peringome Police Station, Kannur registered for the

offences punishable under Sections 143, 147, 148, 341, 323, 324

and 308 r/w Section 149 of the Indian Penal Code, 1860. The

second respondent is the de facto complainant and respondents 3

and 4 are injured witnesses.

3. According to the prosecution, accused had on 02.11.2015, formed

themselves into an unlawful assembly and restrained the de facto

complainant and his friends, and assaulted them, and thereby

committed the offences alleged.

4. Heard the learned counsel for the petitioners and the learned

counsel for the respondents, apart from the learned Public

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 Annexures-A2 to A4 affidavits filed by

respondents 2 to 4. The learned Public Prosecutor has submitted

that upon verification, it is understood that the affidavits are

genuine, and the de facto complainant and other deponents stand

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.

Accordingly, all proceedings against the petitioners in

S.C.No.180/2017 on the files of the Assistant Sessions Court,

Payyannur, are quashed.

This Crl.M.C is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/06/06/2024

PETITIONER ANNEXURES

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 956/2015 OF PERINGOME POLICE STATION, KANNUR DISTRICT PENDING BEFORE ASSISTANT SESSIONS COURT (SUB COURT),

ANNEXURE A2 THE AFFIDAVITS SWORN BY THE RESPONDENT NOS.2 EXPRESSING THEIR WILLINGNESS TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS

ANNEXURE A3 THE AFFIDAVITS SWORN BY THE RESPONDENT NOS.3 EXPRESSING THEIR WILLINGNESS TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS

ANNEXURE A4 THE AFFIDAVITS SWORN BY THE RESPONDENT NOS.4 EXPRESSING THEIR WILLINGNESS TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS

TRUE COPY