Kerala High Court
Amal Antony vs State Of Kerala on 1 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:81140
CRL.MC NO. 7469 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
CRL.MC NO. 7469 OF 2024
CRIME NO.1249/2022 OF NARAKKAL POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.48 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL
......................................
PETITIONER/ACCUSED NOS.1 & 4 :
1 AMAL ANTONY, AGED 26 YEARS
S/O ANTONY THAIVELIKKAKATHU HOUSE,
CRUZ MILAGRES CHURCH,
PUTHUVYPE,
ERNAKULAM, KERALA - 682 508.
2 JIYO FONSEKO, AGED 25 YEARS
S/O VARGHESE FONSEKO,
ALINGAPARAMBIL HOUSE,
PUTHUVYPE,
ERNAKULAM, KERALA - 682 508.
BY ADV AKHIL SHAJI
RESPONDENT/STATE & DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 PETER TINSON V M, AGED 31 YEARS
S/O MARTIN WELLS,
VATHERUPARAMBIL HOUSE,
COMPANIPEEDIKA EAST ROAD,
PUTHUVYPE,
OCHANTHURUTH,
ERNAKULAM, PIN - 682 508.
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CRL.MC NO. 7469 OF 2024
2
3 ADDL.R3 IMPLEADED
LOYID K LOSHIAS
S/O LOSHIAS, AGED 26 YEARS,
KUZHIVELI HOUSE, COMPANIPEEDIKA, PUTHUVYPE,
OCHANTHURUTH, ERNAKULAM, PIN 682 508.
IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED
07.10.2024 IN CRL.M.A.NO.1/2024
BY ADV NANDA SURENDRAN-R2 & R3
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7469 OF 2024
3
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7469 of 2024
...................................................
Dated this the 1st day of November, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023; to quash all proceedings
against them.
2. Petitioners are accused 1 & 4 in C.P.No.48/2024 on the files of the
Judicial First Class Magistrate Court, Njarakkal, arising out of Crime
No.1249/2022 of Njarakkal Police Station, registered for the offences
under Sections 341, 323, 324 and 308 r/w Section 34 of the Indian
Penal Code, 1860. The second respondents is the de facto complainant
and third respondent is the injured witness.
3. According to the prosecution, accused had on 29.10.2022 assaulted the
de facto complainant and his brother-in-law, after restraining them and
stabbed them with a sharp object, thereby committing the offences
alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for
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CRL.MC NO. 7469 OF 2024
the respondents, 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-A4 affidavit filed by second respondent and
the affidavit of the additional 3rd respondent.. The learned Public
Prosecutor has submitted that upon verification, it is understood that the
affidavits are genuine, and the de facto complainants stand 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
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CRL.MC NO. 7469 OF 2024
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.P.No.48/2024 on
the files of the Judicial First Class Magistrate Court, Njarakkal, are
quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/02/11/2024
2024:KER:81140
CRL.MC NO. 7469 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF FIR DATED 06.11.2022 OF
NJARAKKAL POLICE STATION
ANNEXURE A2 TRUE COPY OF FINAL REPORT DATED 30.10.2023 IN
CRIME NO. 1249/2022 OF NJARAKKAL POLICE
STATION
ANNEXURE A3 COPY OF THE ORDER DATED 06.01.2024 PASSED BY
HON'BLE HIGH COURT OF KERALA IN CRL MC 8361
OF 2022
ANNEXURE A4 ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT
DATED 11.08.2024
