Saifulla A vs Santhosh K.Y
2024 Latest Caselaw 19037 Ker

Kerala High Court

Saifulla A vs Santhosh K.Y on 28 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
        FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                       CRL.MC NO. 5071 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 16.11.2020 IN CC NO.1409 OF 2020
OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANANTHAVADY
PETITIONERS:

    1      SAIFULLA A
           AGED 21 YEARS
           S/O ABDU RAHIMAN,
           PUZHAKARA HOUSE
           VARADIMOOLA,
           MANANTHAVADY KERALA-,
           PIN - 670645
    2      SHAHUL K.A
           AGED 19 YEARS
           S/O ABDU,
           KALAKAPARA HOUSE
           AMBOOTHI,
           MANANTHAVADY KERALA-,
           PIN - 670645
    3      NIYAS V
           AGED 20 YEARS
           S/O NAUSHAD,
           VADAKOYIL HOUSE,
           ARAMMAIL ANJUKUNNU,
           KERALA-, PIN - 670645
           BY ADV SUNNY MATHEW


RESPONDENTS:

    1      SANTHOSH K.Y
           AGED 46 YEARS
           S/O.YOGEENDRAN,
           KODAKKATHANATH HOUSE,
           VALAT PO,THALAPUZHA,
           WAYANAD-, PIN - 670644
    2      THE SUB INSPECTOR OF POLICE
           THALAPUZHA POLICE STATION,
           WAYANAD DISTRICT.
           PIN-, PIN - 670644
    3      THE STATE OF KERALA,
           REP. BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
 CRL.MC NO. 5071 OF 2024
                                 2

         ERNAKULAM PIN-, PIN - 682031
OTHER PRESENT:

         ASHI M.C (PP)


     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
28.06.2024,   THE   COURT   ON       THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 5071 OF 2024
                                          3

                       BECHU KURIAN THOMAS, J.
                        -----------------------------------------
                          Crl.M.C. No. 5071 of 2024
                        ----------------------------------------
                    Dated this the 28th 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 accused 1 to 3 in C.C. No.1409 of 2020 on

the files of the Judicial First Class Magistrate's Court-I,

Mananthavady, registered for the offences under Sections 457 and

380 r/w Section 34 of the Indian Penal Code, 1860. First

respondent is the defacto complainant.

3. According to the prosecution, the accused had between

16-10-2020 and 17-10-2020 in furtherance of their common

intention entered into the first floor of the building under

construction undertaken by the defacto complainant and

committed theft of construction materials worth more than

Rs.4,00,000/- 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 CRL.MC NO. 5071 OF 2024

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 1 st

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.

CRL.MC NO. 5071 OF 2024

8. Accordingly, all proceedings against the petitioners in C.C.

No.1409 of 2020 on the files of the Judicial First Class

Magistrate's Court-I, Mananthavady are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 5071 OF 2024

PETITIONER ANNEXURES Annexure -A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C. 1409/2020 ON THE FILE OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANANTHAVADY Annexure:A 2 TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT ON 04.06.2024