Kerala High Court
Shefeek vs State Of Kerala on 1 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:85676
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. 7458 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.490 OF 2023 OF
ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL
COURT,ATTINGAL
PETITIONERS/ACCUSED 1 TO 4:
1 SHEFEEK
AGED 34 YEARS
S/O SHAJAHAN, THERUVIL THAIVILAKAM VEEDU, NEAR BEACH
ROAD WEST TO SALI CLINIC, PUTHUKURICHI, KADINAMKULAM
VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695303
2 SHAROORKHAN
AGED 36 YEARS
S/O KABEER, THERUVIL THAIVILAKAM VEEDU, PUTHUKURICHI,
KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN
- 695303
3 NASEEB @ CHAKIRI
AGED 32 YEARS
S/O MUBARAK,THERUVIL THAIVILAKAM VEEDU, PUTHUKURICHI,
KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695303
4 SAFEER
AGED 25 YEARS
S/O SHAJAHAN,THERUVIL THAIVILAKAM VEEDU, PUTHUKURICHI,
KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695303
BY ADV M.ABDUL RASHEED
CRL.MC NO. 7458 OF 2024 2
2024:KER:85676
RESPONDENTS/STATE & DE-FACTO COMPLAINANT (CW1):
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADINAMKULAM POLICE STATION, KADINAMKULAM.P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695303
3 SEBASTIAN @ SAJIN
AGED 31 YEARS
S/O SYRUS, ROSE VILLA, THERUVIL THAIVILAKAM, WEST OF
SALI CLINIC, PUTHUKURICHI P.O., KADINAMKULAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695303
BY ADVS
SRI. A.MUHAMMED HASHIM
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:
CRL.MC NO. 7458 OF 2024 3
2024:KER:85676
BECHU KURIAN THOMAS, J
.............................................
Crl.MC. No.7458 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 Nos.1 to 4 in S.C No.490/2023 on the
files of the Assistant Sessions Court Attingal, arising out of Crime
No.455/2018 of Kadinamkulam Police Station, Thiruvananthapuram,
registered for the offences punishable under Sections 294(b), 341, 324
and 308 read with Section 34 of the Indian Penal Code, 1860. Third
respondent is the de facto complainant.
3. According to the prosecution, the accused had on
23.04.2018, restrained the defacto complainant 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.
2024:KER:85676
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. Though the learned Public Prosecutor upon instructions
submitted that the 1st and 4th petitioners were involved in another crime
and the 2nd petitioner in four other crimes which includes offence under
the Kerala Anti-Social Activities (Prevention) Act, 2007, considering the
nature of settlement arrived at between the parties, and the offences
alleged against the petitioners in the present case, I am of the view that
no purpose would be achieved by continuing the prosecution.
8. I have perused Annexure-A3 affidavit filed by the third
respondent. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and 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.
2024:KER:85676
9. Accordingly, all proceedings against the petitioners in S.C
No.490/2023 on the files of the Assistant Sessions Court Attingal, are
quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:85676
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R IN CRIME
NO.455/2018 OF KADINAMKULAM POLICE STATION,
THIRUVANANTHAPURAM DISTRICT DATED 24.04.2018
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN S.C.
NO.490/2023 ON THE FILE OF THE ASSISTANT
SESSIONS COURT ATTINGAL ALONG WITH THE WOUND
CERTIFICATE WHICH AROSE FROM CRIME
NO.455/2018 OF KADINAMKULAM POLICE STATION,
THIRUVANANTHAPURAM DISTRICT DATED 30/08/2019
Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 05/07/2024
