Kerala High Court
Vipin Das vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8686 OF 2024
1
2024:KER:83187
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRL.MC NO. 8686 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.609 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,THIRUVANANTHAPURAM
PETITIONER/ACCUSED 4 :
VIPIN DAS, AGED 27 YEARS
S/O CHRISTUDAS, VIMAL HOUSE,
NEAR CSI CHURCH, VATTAVILA,
VILAVOORKKAL, PERUKAVU. P.O,
MALAYINKIL, THIRUVANANTHAPURAM - 695 573.
BY ADV M.HEMALATHA
RESPONDENT/STATE & DE FACTO COMPLAINANTS 1 TO 5 :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
CANTONMENT POLICE STATION, STATUE,
THIRUVANANTHAPURAM, PIN - 695 001.
3 PRAVEEN, S/O PREMKUMAR,
KATTUMELATHIL VEEDU,
OPP; DURGA DEVI TEMPLE,
MELARANOOR, ARANOOR WARD,
THYCAUD VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 014.
4 ABHIJITH, S/O HARIKUMAR,
RAVEENDRA VILASOM, NEAR GANDHI SMARAKAM,
10TH WARD, AZHOOR VILLAGE,
CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM, PIN - 695 304.
CRL.MC NO. 8686 OF 2024
2
2024:KER:83187
5 NANDU, S/O SREEKANTAN NAIR,
KONATHUVILA VEEDU, PRA 153,
PAPPANAMCODE DESOM,
MELAMCODE WARD, NEMOM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 020.
6 NIDEESH,S/O MURALEEDHARAN PILLAI,
KUNNUMPURATHU VEEDU, KUNNATHU NADA,
IRUMBA WARD, ARUVIKKARA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 564.
7 AJI, S/O GOPI,
KARTHIKA, NEAR PETROL PUMB,
PEZHUMMOODU, KUZHAKKADU WARD,
VEERNAKKAVU VILLAGE
THIRUVANANTHAPURAM-, PIN - 695 572.
SMT. SREEJA V (PP)
SMT.DHANALAKSHMI U.K. -R3 TO R7
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8686 OF 2024
3
2024:KER:83187
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8686 of 2024
...................................................
Dated this the 7th day of November, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023; to quash all proceedings
against him.
2. Petitioner is the 4th accused in C.C.No.609/2021 on the files of the
Judicial First Class Magistrate Court-III, Thiruvananthapuram, arising
out of Crime No.37/2021 of Contonment Police Station,
Thiruvananthapuram District, registered for the offences under Sections
143, 147, 148, 323 and 324 r/w Section 149 of the Indian Penal Code,
1860. The second respondent is the defacto complainant and
respondents 3 to 7 are the injured witnesses.
3. According to the prosecution, the accused had on 02.02.2021 formed
themselves into an unlawful assembly and assaulted the de facto
complainant and others, thereby committing the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel
for the respondents, apart from the learned Public Prosecutor.
CRL.MC NO. 8686 OF 2024
2024:KER:83187
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-2 to Annexure-6 affidavits filed by
respondents 3 to 7. The learned Public Prosecutor has submitted that
upon verification, it is understood that the affidavits are genuine, and
the defacto complainant and the other deponents 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 granting
the prayer for quashing. The continuance of the proceedings will only
be an exercise in futility.
CRL.MC NO. 8686 OF 2024
2024:KER:83187
8. Accordingly, all proceedings against the petitioner in C.C.No.609/2021
on the files of the Judicial First Class Magistrate Court-III,
Thiruvananthapuram, are quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/11/2024
CRL.MC NO. 8686 OF 2024
2024:KER:83187
PETITIONER ANNEXURES
ANNEXURE-1 A CERTIFIED COPY OF THE FINAL REPORT DATED
30-04-2021 IN C.C. NO. 609 OF 2021 OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-III,
THIRUVANANTHAPURAM
ANNEXURE-2 THE AFFIDAVIT OF THE FIRST DE-FACTO
COMPLAINANT DATED 20-07-2024
ANNEXURE-3 THE AFFIDAVIT OF THE SECOND DE-FACTO
COMPLAINANT DATED 20-07-2024
ANNEXURE-4 THE AFFIDAVIT OF THE THIRD DE-FACTO
COMPLAINANT DATED 20-07-2024
ANNEXURE-5 THE AFFIDAVIT OF THE FOURTH DE-FACTO
COMPLAINANT DATED 20-07-2024
ANNEXURE-6 THE AFFIDAVIT OF THE FIFTH DE-FACTO
COMPLAINANT DATED 20-07-2024
