Kerala High Court
Sivaprasad 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. 3140 OF 2024
CRIME NO.2373/2017 OF VAIKOM POLICE STATION, KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.81 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, VAIKOM
PETITIONERS/ACCUSED NOS:1 TO 7:
1 SIVAPRASAD
AGED 40 YEARS, S/O.CHANDRASHEKARAN,
THEKKEVALLASSERIYIL, NADUVILE VILLAGE
VADAKKENADA, VAIKOM, PIN - 686141
2 VISHNU DAS
AGED 31 YEARS, S/O. SHIVADAS,
SIVA NIVAS, THEKKE NADA, VAIKOM VILLAGE,
VAIKOM, PIN - 686141
3 PRAJITH
AGED 30 YEARS, S/O. PRASANNAN,
THEKKE KODIYAD UDAYANAPURAM P.O,
VAIKOM, PIN - 686143
4 RAJKUMAR
AGED 35 YEARS, S/O. RAMAKRISHNA PILLAI U.S,
UPPANAKKUZHIYIL, VADAKKENIRAPPU P.O
NJEEZHOOR, KOTTAYAM, PIN - 686612
5 VYSHAK
AGED 31 YEARS, S/O.LEKSHMANAN,
KALLARAKKAL KOLOTHUMKADAVU,
VAIKOM, PIN - 686141
6 TONY JOSEPH
AGED 41 YEARS, S/O. M.P. JOSEPH,
MECHERRY, KOCHUKAVALA, NADUVILE VILLAGE,
VAIKOM., PIN - 686141
7 RAGESH R. NAIR
AGED 34 YEARS, S/O. RADHAKRISHNAN,
PADIYANA MADOM, KANIYAMTHODU,
VADAKKEMURI VILLAGE, UDAYANAPURAM P.O,
VAIKOM, PIN - 686143
BY ADV.
RESMI NANDANAN
Crl.M.C.No.3140 of 2024
:2:
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 PADMAKUMAR P.
AGED 52 YEARS, S/O. T.N. PADMANABHAN,
KOLLAMPARAMBIL, CHEMPU, ENATHI,
KULASEKARAMANGALAM, KOTTAYAM,
KERALA, PIN - 686608
BY ADVS.
AMBILY PREMKUMAR
SREEJA V. (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.3140 of 2024
:3:
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.3140 of 2024
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Dated this the 23rd 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 1 to 7 in C.C. No.81/2018 on the files of
the Judicial Magistrate of First Class, Vaikom, arising out of Crime
No.2373/2017 of Vaikom Police Station, Kottayam, registered for the
offences under Sections 143, 144, 147, 148, 149, 447, 294(b), 506(ii)
and 427 of the Indian Penal Code, 1860. The 2 nd respondent is the
defacto complainant.
3. According to the prosecution, on 08.10.2017, the accused had
formed themselves into an unlawful assembly and abused the defacto
complainant and also threatned him after committing mishcief in a bar
hotel 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 Anneure-III 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.81/2018 on the files of the Judicial Magistrate of First Class, Vaikom
are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
anm
PETITIONERS' ANNEXURES
Annexure-I A CERTIFIED COPY OF THE FIR IN CRIME NO.
2373/2017 OF VAIKOM POLICE STATION
Annexure-II A CERTIFIED COPY OF THE FINAL REPORT IN
C.C.81/18 IN CRIME NO.2373/2017
Annexure-III A TRUE COPY OF THE AFFIDAVIT DATED
23.03.2024 ISSUED BY THE 2ND RESPONDENT/
DEFACTO COMPLAINANT
