Kerala High Court
Amal 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. 3164 OF 2024
CRIME NO.287/2019 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.236 OF 2019 OF
JUDICIAL FIRST MAGISTRATE COURT, KOTHAMANGALAM
PETITIONER/SECOND ACCUSED:
AMAL
AGED 22 YEARS, S/O ABDHUL KAREEM,
VELLAKKAMATTAM(H), VENDUVAZY KARA,
KOTHAMANGALAM VILLAGE,
ERNAKULAM DISTRICT, PIN - 686691
BY ADV.
SRI.P.V.ELIAS
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 HARIKRISHNAN
AGED 36 YEARS, S/O SASEEDHARAN NAIR,
CHOORAKATTIL HOUSE, ADOOPARAMBAKARA,
MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 686669
BY ADVS.
SRI.S.UNNIKRISHNAN (NELLAD)
SRI.RENJITH T.R. (PP)
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.3164 of 2024
:2:
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.3164 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 2nd accused in C.C. No.236/2019 on the files of
the Judicial Magistrate of First Class-I, Kothamangalam, arising out of
Crime No.287/2019 of Kothamangalam Police Station, Ernakulam,
registered for the offences under Sections 341, 294(b) and 323 read
with Section 34 of the Indian Penal Code, 1860. The 2 nd respondent is
the defacto complainant.
3. According to the prosecution, on 12.02.2019, the accused had
wrongfully restrained the defacto complainant and assualted him 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 3 affidavit filed by the 2nd 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.236/2019 on the files of the Judicial Magistrate of First Class-I,
Kothamangalam are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
anm
PETITIONER'S ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 287/2019 OF KOTHAMANGALAM
POLICE STATION
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 236/2019 OF KOTHAMANGALAM
POLICE STATION FILED IN C.C.NO. 236/2019
ON THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT I KOTHAMANGALAM
Annexure 3 THE ORIGINAL AFFIDAVIT SWORN IN BY THE
SECOND RESPONDENT/ DEFACTO COMPLAINANT
DATED 15.03.2024
