Kerala High Court
Shameer P. N vs State Of Kerala on 4 June, 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
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
CRL.MC NO. 3962 OF 2024
CRIME NO.77/2024 OF FORT KOCHI POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.14 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY
PETITIONER/ACCUSED :
SHAMEER P. N., AGED 25 YEARS
S/O NASEER P.M., PUTHUVEL HOUSE, 16/270A,
SOUTH PUTHUVYPPU, ERNAKULAM, PIN - 682 508.
BY ADV MARIYA ANTONY
RESPONDENT/STATE & DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682
031.
2 STATION HOUSE OFFICER
FORT KOCHI POLICE STATION,
FORT KOCHI P.O., KOCHI, PIN - 682 505.
3 ANSAR SAKEER
AGED 31 YEARS
S/O SAKEER K.A., NILA HOUSE, 5/96,
METHANAM ROAD, METHANAM, ELOOR,
ERNAKULAM, PIN - 683 501.
BY ADV RENU B RAJ. - R3
NIMA JACOB (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 3962/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.3962 of 2024
...................................................
Dated this the 4th day of June, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to
quash all proceedings against him.
2. Petitioner is the accused in C.P.No.14/2024 on the files of the
Judicial First Class Magistrate Court, Mattancherry, arising out of
Crime No.77/2024 of Fort Kochi Police Station, registered for the
offences punishable under Sections 308, 323, 324,341, 506, and
294(b) of the Indian Penal Code, 1860. The third respondent is the
de facto complainant.
3. According to the prosecution, accused had on 14.01.2024 restrained
the de facto complainant and assaulted him, 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-A3 affidavit filed by the third respondent.
The learned Public Prosecutor has submitted that upon verification,
it is understood that the affidavit is genuine, and 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.
8. Accordingly, all proceedings against the petitioner in C.P.No.14/2024
on the files of the Judicial First Class Magistrate Court,
Mattancherry, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/04/06/2024
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF FIR IN CRIME NO.
77/2024 OF FORT KOCHI POLICE STATION DATED
15.01.2024.
ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN
CRIME NO. 77/2024 OF FORT KOCHI POLICE
STATION DATED 03.02.2024.
ANNEXURE A3 THE ORIGINAL AFFIDAVIT OF THE 3RD
RESPONDENT DATED 04.03.2024.
TRUE COPY
