Kerala High Court
Arun V.Kumar vs State Of Kerala on 20 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 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
CRL.MC NO. 4896 OF 2024
CRIME NO.450/2024 OF Anchalummoodu Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.619 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONERS/ACCUSED NOS. 1 & 2:
1 ARUN V.KUMAR
AGED 27 YEARS
S/O.VINOD KUMAR,
NADUVILAZHIKATHU VEEDU,
PANAYAMCHERI,
PANAYAM VILLAGE,
KOLLAM, PIN - 691601.
2 SIBEESH
AGED 44 YEARS
S/O.MANIYAN,
SIBEESH BHAVANAM,
EDAVATTOM CHERI,
PERINADU VILLAGE,
KOLLAM, PIN - 691601.
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER
ANCHALUMMOODU POLICE STATION,
KOLLAM DISTRICT, PIN - 691601.
3 BINU
AGED 28 YEARS
S/O.VAVACHAN,
Crl.M.C. No.4896 of 2024
2
BINU BHAVANAM,
CHONAMCHIRA,
PANAYAM,
KOLLAM,
PIN - 691601.
SMT. SREEJA V (PUBLIC PROSECUTOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No.4896 of 2024
3
BECHU KURIAN THOMAS, J.
====================
Crl.M.C. No.4896 of 2024
=====================
Dated this the 20th day of June, 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.619/2024 on
the files of the Judicial First Class Magistrate's Court - I,
Kollam, arising out of Crime No.450/2024 of Anchalummoodu
Police Station, registered for the offences under Sections
294(b), 341 and 324 read with Section 34 of the Indian Penal
Code, 1860. Third respondent is the defacto complainant.
3. According to the prosecution, the accused had on
03-04-2024 restrained the defacto complainant and assaulted
him with obscene words 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 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 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 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 C.C. No.619/2024 on the files of the Judicial First Class
Magistrate's Court - I, Kollam, are quashed.
Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF FIR WITH FIS IN CRIME
NO. 450/2024 OF ANCHALUMMOODU POLICE
STATION DATED 03.04.2024.
Annexure A2 THE CERTIFIED COPY OF FINAL REPORT IN
CRIME NO. 450/2024 OF ANCHALUMMOODU
POLICE STATION DATED 15.05.2024.
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT REGARDING THE COMPROMISE
DATED 22.05.2024.
