Kerala High Court
Midhun vs State Of Kerala on 17 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
CRL.MC NO. 1979 OF 2024
CRIME NO.1329/2013 OF Kilimanoor Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2370 OF 2016 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - IV, ATTINGAL
PETITIONER:
MIDHUN
AGED 32 YEARS
S/O MADHUSOODHANAN. MS BHAVAN, CHANDRANELLOOR,
VEROOR DESOM, VELLALLOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT-., PIN - 695601
BY ADV P.ANOOP (MULAVANA)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 NISARUDEEN
AGED 66 YEARS
S/O MUHAMMED KASSIM, DANA HOUSE, MADANTHAPACHA,
KUDAVOOR VILLAGE, PC MUKKU PO, KALLAMBALAM,
VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT-.,
PIN - 695141
OTHER PRESENT:
SR.PP - T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C No.1979 of 2024 :2:
VIJU ABRAHAM, J.
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Crl.M.C No.1979 of 2024
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Dated this the 17th day of May, 2024
ORDER
The petitioner has approached this Court seeking to quash
Annexure-A1 FIR & Annexure-A2 Final Report in CC No.
2370/2016 before the Judicial First Class magistrate Court-IV,
Attingal arising from Crime No.1329/2013 of Kilimanoor Police
Station, Thiruvananthapuram District as against the petitioner.
2. The petitioner is the 6th accused in CC No.2370/2016
before the Judicial First-Class magistrate Court-IV, Attingal arising
from Crime No. 1329/2013 of Kilimanoor Police Station,
Thiruvananthapuram District registered for the offences alleged
under Sections 143,147,148,149,447,427 & 188 of the IPC.
3. The prosecution allegation is that on 07-12-2013 at 16 hrs
accused violating the orders of the court, trespassed into the
property of the defacto complainant and caused damages of
Rs.50,000/-.
4. The investigation is completed and Annexure- A1 FIR and
Annexure - A2 final report have been filed. The petitioner submits
that the issue involved in the case has been amicably settled
between the petitioner and the 2 nd respondent-defacto complainant
and the defacto complainant has submitted Annexure-A3 affidavit
in proof that the matter has been settled. The learned counsel for
the petitioner would submit that the matter has been settled and
the proceedings against the petitioner ought to have been quashed
and it was also submitted that considering the nature of the offence
alleged, no purpose would be served by continuing the
proceedings.
5. 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].
6. I have perused Annexure-A3 affidavit filed by the 2 nd
respondent. The learned Public Prosecutor has filed a memo
whereby the report of the Inspector of Police, Kilimanoor Police
Station has been produced, which also shows that the defacto
complainant has expressed his willingness to settle the matter and
his statement recorded by the Inspector or Police, Kilimanoor
Police Station is also produced along with a memo. The learned
Public Prosecutor also submitted that upon verification it is
understood that the the affidavits are genuine, and the defacto
complainant stand on the contents thereof and 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.
In view of the above facts and circumstances of the case, I am
inclined to quash Annexure-A1 FIR & Annexure-A2 Final Report in
CC No. 2370/2016 before the Judicial First Class magistrate Court-
IV, Attingal arising from Crime No.1329/2013 of Kilimanoor Police
Station, Thiruvananthapuram District.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
1329/2013 OF KILIMANOOR POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
Annexure A2 . THE FINAL REPORT IN CC NO. 2370/2016
BEFORE THE JUDICIAL FIRST-CLASS
MAGISTRATE COURT-IV, ATTINGAL ARISING
FROM CRIME NO. 1329/2013 OF KILIMANOOR
POLICE STATION, THIRUVANANTHAPURAM
DISTRICT
Annexure A3 A TRUE COPY OF THE AFFIDAVIT FILED BY THE
2ND RESPONDENT
