Kerala High Court
Nithin vs State Of Kerala on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
CRL.MC NO. 3045 OF 2024
CRIME NO.752/2019 OF NADAPURAM POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.180 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS,NADAPURAM
PETITIONERS/ACCUSED NOS.1 TO 3 :
1 NITHIN, AGED 29 YEARS
S/O BABU, KUNDILOTTUMMAL (H),
VELLOOR, KODANCHERY P.O,
KOZHIKODE DISTRICT, PIN - 673 580.
2 SONU, AGED 26 YEARS
S/O PRAMOD, KANNOTHUVAYAL (H),
VELLOOR, KODANCHERY P.O,
KOZHIKODE DISTRICT., PIN - 673 580.
3 AKSHAYLAL, AGED 30 YEARS
S/O MURALI, VELLARVALLI (H), VELLOOR,
KODANCHERY P.O, KOZHIKODE DISTRICT - 673 580.
BY ADVS.B.MUHAMMED SHAHEEL
R.N.SANDEEP
KEERTHI VIJAYAN
JYOTHI R. NAIR
RESPONDENT/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 NITHINRAJ, AGED 30 YEARS,
S/O RAJAN, CHAITHRAM (H),
KACHERI, IRINGANNOOR P.O,
VADAKARA TALUK, KOZHIKODE DISTRICT- 673 505.
BY ADV RANGEETH G.S.-R2
SRI.RENJITH T.R. -R1
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 3045/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.3045 of 2024
...................................................
Dated this the 21st day of May, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C
to quash all proceedings against them.
2. Petitioners are accused Nos.1 to 3 in C.C.No.180/2020 on the
files of the Judicial First Class Magistrate Court, Nadapuram,
arising out of Crime No.752/2019 of Nadapuram Police Station,
registered for the offences punishable under Sections 341, and 324
r/w Section 34 of the Indian Penal Code, 1860. The second
respondent is the de facto complainant.
3. According to the prosecution, on 26.11.2019 the accused had
attacked the de facto complainant by throwing chilly powder into
his face and body 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 second
respondent. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and the
de facto 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.180/2020 on the files of the Judicial First Class Magistrate
Court, Nadapuram, arising out of Crime No.752/2019 of
Nadapuram Police Station, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/25/05/2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 752/2019 OF NADAPURAM POLICE
STATION, KOZHIKODE DISTRICT PENDING
BEFORE HON'BLE JUDICIAL FIRST-CLASS
MAGISTRATE COURT, NADAPURAM AS CC
180/2020.
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE RESPONDENT
NO.2.
TRUE COPY
