Kerala High Court
Manu vs State Of Kerala on 23 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
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 3187 OF 2024
CRIME NO.385/2022 OF ANCHALUMMOODU POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.592 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONER/ACCUSED:
MANU
AGED 22 YEARS, S/O.MOHANAN PILLAI,
GOPI SADANAM, PRAKKULAM CHERRY, THRIKKARUVA
VILLAGE, KOLLAM DISTRICT, PIN - 691602
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
ANCHALUMMOODU POLICE STATION,
KOLLAM DISTRICT, PIN - 691601
3 SIVANKUTTY
AGED 46 YEARS, S/O.MURALEEDHARAN PILLAI,
NELLIPPUZHA PADINJATTATHIL VEEDU,
NEAR MADATHIL JUNCTION, PRAKKULAM
CHERRY, THRIKKARUVA VILLAGE,
KOLLAM DISTRICT, PIN - 691602
BY ADVS.
SMT.SREEJA V. (PP)
SRI.A.MUHAMMED RAFFI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3187 of 2024
:2:
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.3187 of 2024
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Dated this the 23rd day of May, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to
quash all proceedings against him.
2. Petitioner is the sole accused in C.C. No.592/2022 on the files
of the Judicial Magistrate of First Class - I, Kollam, arising out of Crime
No.385/2022 of Anchalummoodu Police Station, Kollam, registered for
the offences under Sections 294(b) & 324 of the Indian Penal Code,
1860. The 3rd respondent is the defacto complainant.
3. According to the prosecution, on 30.04.2022, the accused had
due to previous enmity with regard to a pathway abused the defacto
complainant and threw a piece of rock on him inflicting serious injuries
and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned
counsel for the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the matter
has been settled and hence the proceedings against the petitioner 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 A3 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 petitioner in C.C.
No.592/2022 on the files of the Judicial Magistrate of First Class - I,
Kollam, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
anm
PETITIONER'S ANNEXURES
Annexure A1 THE CERTIFIED COPY OF FIR WITH FIS IN
CRIME NO.385/2022 OF ANCHALUMMOODU POLICE
STATION DATED 1.5.2022
Annexure A2 THE CERTIFIED COPY OF FINAL REPORT IN
CRIME NO. 385/2022 OF ANCHALUMMOODU
POLICE STATION DATED 9.5.2022
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
REGARDING THE COMPROMISE DATED 25.3.2024
