Kerala High Court
Noufal 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. 3056 OF 2024
CRIME NO.74/2022 OF North Police Station, ALP, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.142 OF 2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - I, ALAPPUZHA ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CC NO.142 OF 2022 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - I, ALAPPUZHA
PETITIONERS/ACCUSED NOS 1 TO 4:
1 NOUFAL
AGED 29 YEARS,
PARAMBIL PURAYIDAM,
COURT WARD,
ALAPPUZHA,
PIN - 688013.
2 ARAVIND
AGED 35 YEARS,
MALIKAYIL HOUSE,
COURT WARD,
ALAPPUZHA,
PIN - 688013.
3 ABHILASH
AGED 40 YEARS,
KAIMAPARAMBIL HOUSE,
THUMPOLY P.O.,
ALAPPUZHA, PIN - 688008.
4 RAKESH KUMAR
AGED 40 YEARS,
RADHA NIVAS,
COURT WARD,
ALAPPUZHA, PIN - 688013.
BY ADVS.
SURESH JOSEPH
VIDHU C.
Crl.M.C. No.3056 of 2024
2
LEKHAMOLE P.N.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 STATION HOUSE OFFICER
ALAPPUZHA NORTH POLICE STATION,
ALAPPUZHA, PIN - 688001.
3 SAJEER B
AGED 44 YEARS,
CHAVADIPARAMBU HOUSE,
VAZHICHERRY WARD,
ALAPPUZHA, PIN - 688001.
SMT. SREEJA V - PUBLIC PROSECUTOR
ADV. SANALKUMAR B FOR R3
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.3056 of 2024
3
BECHU KURIAN THOMAS, J.
====================
Crl.M.C. No.3056 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.142/2022 on
the files of the Judicial First Class Magistrate's Court-I,
Alappuzha arising out of Crime No.74/2022 of North Police
Station, Alappuzha district registered for the offences under
Sections 341 and 324 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
19-01-2022, restrained 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
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 A2 affidavit filed by the 3rd
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.142/2022 on the files of the Judicial First Class
Magistrate's Court-I, Alappuzha are quashed.
Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR AND FINAL
REPORT IN CRIME NO.74 OF 2022 IN CC
NO.142/2022 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE'S COURT-I, AT
ALAPPUZHA.
Annexure A2 AFFIDAVIT BY THE 3RD RESPONDENT.
