Kerala High Court
Aneesh vs State Of Kerala on 6 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
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
CRL.MC NO. 3918 OF 2024
CRIME NO.45/2022 OF VELLIKULANGARA POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.955 OF 2022 OF ASSISTANT
SESSIONS COURT/ADDITIONAL SUB COURT, IRINJALAKUDA
PETITIONERS/ACCUSED NO 1&2:
1 ANEESH
AGED 37 YEARS
S/O KUTTAN, UTHUMBATHUKARAN HOUSE, KIZHAKE KODALY
THEMALI GRAMA DESOM, VELLIKULANGARA VILLAGE, CHALAKUDY
TALUK, THRISSUR DISTRICT., PIN - 680699.
2 ABEESH
AGED 39 YEARS
S/O KUTTAN, UTHUMBATHUKARAN HOUSE, KIZHAKE KODALY
THEMALI GRAMA DESOM, VELLIKULANGARA VILLAGE, CHALAKUDY
TALUK, THRISSUR DISTRICT, PIN - 680699.
BY ADV RAJESH CHAKYAT
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031.
2 THE SUB INSPECTOR OF POLICE
VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT, PIN -
680699.
3 SABARINATH
AGED 21 YEARS
S/O PREMAN, VETTIYATIL HOUSE, KIZHAKE KODALY THEMALI
GRAMA DESOM, VELLIKULANGARA VILLAGE, CHALAKUDY TALUK,
THRISSUR, PIN - 680699.
ADV JOSEPH M.P. - R3
SREEJA V. - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No. 3918 of 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.3918 of 2024
...................................................
Dated this the 6th 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 1 and 2 in S.C. No.955/2022 on the files of
the Sub Court, Irinjalakuda, arising out of Crime No.45/2022 of
Vellikulangara Police Station, Thrissur District, registered for the
offences under Sections 447, 323, 324, 308 and 506(ii) r/w Section
34 of the Indian Penal Code, 1860. Third respondent is the defacto
complainant.
3. According to the prosecution, the accused had, on 15.01.2022
trespassed into the house of 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 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 Annexure 2 affidavit filed by the 3 rd 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 petitioners in S.C.
No.955/2022 on the files of the Sub Court, Irinjalakuda, are
quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/06/2024
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.45/2022 OF VELLIKULANGARA POLICE
STATION, THRISSUR DISTRICT DATED
28.02.2022.
ANNEXURE 2 ORIGINAL COPY OF THE COMPOUNDING
AFFIDAVIT EXECUTED BY THE DEFACTO
COMPLAINANT /CW1/ 3RD RESPONDENT DATED
25.04.2024.
TRUE COPY
