Kerala High Court
Jithesh @ Unni vs State Of Kerala on 27 March, 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
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 1277 OF 2024
CRIME NO.256/2023 OF Kalikavu Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.776 OF 2023 OF SPECIAL
COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONERS/ACCUSED NOS.1 TO 4:
1 JITHESH @ UNNI AGED 38 YEARS S/O. SUNDARAN, PALAKKAL
HOUSE, THALKANDY, MAMPATTUMOOLA, CHOKKAD AMSOM,
MALAPPURAM DISTRICT, PIN - 679332
2 PRASANTH AGED 44 YEARS S/O. RAVEENDRAN CHETTIAR,
THEKKEKUTT HOUSE, ORAVANKUNNU, MAMPATTUMOOLA, CHOKKAD
AMSOM, MALAPPURAM DISTRICT, PIN - 679332
3 RAJESH @ UNNIKUTTAN AGED 39 YEARS S/O. VIJAYAN
CHETTIAR, THEKKEKUTT HOUSE, ORAVANKUNNU,
MAMPATTUMOOLA, CHOKKAD AMSOM, MALAPPURAM DISTRICT,
PIN - 679322
4 ARUN AGED 33 YEARS S/O. NARAYANAN, MOZHIKKAL HOUSE,
KARUVANCHOLA, MAMPATTUMOOLA, CHOKKAD AMSOM,
MALAPPURAM DISTRICT, PIN - 679332
BY ADV K.RAKESH
RESPONDENTS/STATE COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER KALIKAVU POLICE STATION,
MALAPPURAM DISTRICT, PIN - 676525
3 AJEESH A AGED 21 YEARS S/O. NADICHI, ANGADIAN HOUSE,
MAMPATTUMOOLA, CHOKKAD VILLAGE, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679332
4 VISHNU S/O.RAMAN, ORAVANKUNNU COLONY, MAMPATTUMOOLA,
CHOKKAD AMSOM, CHOKKAD VILLAGE, NILAMBUR TALUK,
MALAPPURAM DISTRICT
5 VISHNU @ KUNHUNNI S/O.AYYAPPAN, ORAVANKUNNU,
MAMPATTUMOOLA, CHOKKAD AMSOM, CHOKKAD VILLAGE,
NILAMBUR TALUK, MALAPPURAM DISTRICT
Crl.M.C.No.1277 OF 2024
2
6 AJITH S/O.RAJAN, POOLODAN HOUSE, ORAVANKUNNU,
MAMPATTUMOOLA, CHOKKAD AMSOM, CHOKKAD VILLAGE,
NILAMBUR TALUK, MALAPPURAM DISTRICT
SMT. SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1277 OF 2024
3
ORDER
Dated this the 27th day of March 2024
Petitioners have invoked the jurisdiction under
Section 482 Cr.P.C to quash all proceedings against
them.
2. Petitioners are accused Nos.1 to 4 in
S.C.No.776 of 2023 before the Special Court (Atrocities
against SC/ST), Manjeri, arising out of crime No.256 of
2023 of Kalikavu Police Station, Malappuram, registered
for offences under Sections 341, 323, 324 and 326 r/w
Section 34 of the Indian Penal Code, 1860, and under
Sections 3(1)(s), 3(2)(v), 3(2)(va) of Scheduled Castes
and Scheduled Tribes (Prevention Of Atrocities) Act,
1989. 3rd respondent is the defacto complainant, and
respondents 4 to 6 are the injured/witnesses.
3. According to the prosecution, the accused had
on 09.04.2023, in furtherance of their common
intention, attacked respondents 3 to 6 using an iron rod,
causing serious injuries, including fracture of facial bone,
and also abused the defacto complainant by calling caste
Crl.M.C.No.1277 OF 2024
name 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].
Crl.M.C.No.1277 OF 2024
7. I have perused Annexures B, C, D and E
affidavits filed by respondents 3 to 6. The learned Public
Prosecutor has submitted that upon verification, it is
understood that the affidavits are genuine, and the
defacto complainant and respondents 4 to 6 stand 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.776 of 2023 before the Special
Court (Atrocities against SC/ST), Manjeri, arising out of
Crime No.256 of 2023 of Kalikavu Police Station,
Malappuram are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
SSK/27/03
Crl.M.C.No.1277 OF 2024
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.256/2023 OF THE KALIKAVU POLICE STATION DATED,
16-6-2023
Annexure B THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED
27-01-2024
Annexure C AFFIDAVIT SWORN TO BY THE ADDITIONAL 4TH RESPONDENT
DATED, 2-3-2024
Annexure D AFFIDAVIT SWORN TO BY THE ADDITIONAL 5TH RESPONDENT
DATED, 2-3-2024
Annexure E AFFIDAVIT SWORN TO BY THE ADDITIONAL 6TH RESPONDENT
DATED, 2-3-2024
RESPONDENT'S EXHIBITS:NIL
SSK //TRUE COPY// PA TO JUDGE
