Kerala High Court
Kiranjith vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8690 OF 2024
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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. 8690 OF 2024
CRIME NO.708/2023 OF MUTTOM POLICE STATION, IDUKKI, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1300 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I (FOREST OFFENCES),
THODUPUZHA
PETITIONER/ACCUSED 1 TO 6 :
1 KIRANJITH, AGED 23 YEARS
S/O HARDEEP, PARACHALIL HOUSE,
THADIYAMBADU KARA, VAZHATHOPE VILLAGE,
IDUKKI TALUK, IDUKKI DISTRICT - 685 602.
2 MUHAMMED ANZAR @ ANZAR
AGED 22 YEARS
S/O YAHU, PARAPPARA KARUPARAMBIL HOUSE,
OMACHAPPUZHA P.O, OMACHAPPUZHA KARA,
OZHOOR VILLAGE, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676 320.
3 DEEPTH, AGED 22 YEARS
S/O SURENDRAN, PARAMPALLAM HOUSE,
ANAMARI KARA, MUTHALAMADA VILLAGE,
CHITTOOR TALUK, PALAKKAD DISTRICT - 678 506.
4 SHAHAN, AGED 22 YEARS
S/O RAFEEK, MUDANTHODI HOUSE, CHALIYAM P.O,
CHALIYAM KARA, CHAYIYAM VILLAGE,
KADALUNDI TALUK,
KOZHIKODE DISTRICT, PIN - 673 301.
5 ABIN ANIL, AGED 23 YEARS
S/O ANILKUMAR, ALUNKAL HOUSE,
MULAKKULAM SOUTH P.O, MULAKKULAM SOUTH KARA,
MULAKKULAM VILLAGE, VAIKOM TALUK,
KOTTAYAM DISTRICT - 686 610
CRL.MC NO. 8690 OF 2024
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6 MAHADEV S., AGED 22 YEARS
S/O SREEKUMAR,
KANNIMOOLA THEKETHIL HOUSE, MATHILIL P.O,
MATHILIL KARA, THRIKKADAVOOR VILLAGE,
KOLLAM TALUK, KOLLAM DISTRICT - 691 601.
BY ADV JITHIN BOSE
RESPONDENT/STATE, COMPLAINANT, AND DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER OF MUTTAM POLICE STATION
THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 686 587.
3 ANANTHA KRISHNAN, AGED 21 YEARS
S/O MANOJ P.R, PYVALLIL HOUSE,
NEAR ENNAKKADU U.P SCHOOL, ENNAKKADU KARA,
BUDHANOOR VILLAGE, CHENGANNOOR TALUK,
ALAPPUZHA DISTRICT, PIN - 689 624.
4 ALVIN JOSE, AGED 23 YEARS
S/O JOSE JOSEPH, VITHVATTIKKAL HOUSE,
PUNNAKKUSERRY KARA, CHAMPAKKULAM VILLAGE,
KUTTANADU TALUK, ALAPUZHA DISTRICT - 688 503.
BY ADV K.R.MONISHA
SMT. SREEJA V (PP)
SRI.NOUSHAD K.A., PP
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. 8690 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8690 of 2024
...................................................
Dated this the 7th 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 to 6 in C.C.No.1300/2023 on the files of the
Judicial First Class Magistrate Court-I (Forest Offences), Thodupuzha,
arising out of Crime No.708/2023 of Muttam Police Station, Idukki,
registered for the offences under Sections 143, 147, 294(b), 323, and 427
r/w Section 149 of the Indian Penal Code, 1860. The third respondent is
the de facto complainant and the 4th respondent is the injured witness.
3. According to the prosecution, accused had on 26.09.2023 formed
themselves into an unlawful assembly and abused the de facto
complainant and his friend, and assaulted them, thereby committing the
offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for
the respondents, apart from the learned Public Prosecutor.
CRL.MC NO. 8690 OF 2024
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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 and Annexure-A5 affidavits filed by
respondent Nos.3 and 4. The learned Public Prosecutor has submitted
that upon verification, it is understood that the affidavits are genuine,
and the de facto complainant and 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.
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8. Accordingly, all proceedings against the petitioners in C.C.No.1300/2023
on the files of the Judicial First Class Magistrate Court-I (Forest
Offences), Thodupuzha, are quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/11/2024
CRL.MC NO. 8690 OF 2024
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PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.708 OF 2023 OF THE MUTTAM
POLICE STATION, IDUKKI ALONG WITH THE
STATEMENT OF THE 3RD RESPONDENT
ANNEXURE A2 THE CERTIFIED COPY OF THE CHARGE SHEET IN
C.C. NO. 1300 OF 2023 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
THODUPUZHA, IDUKKI
ANNEXURE A3 THE CERTIFIED COPY OF THE WOUND CERTIFICATES
OF THE 3RD AND 4TH RESPONDENTS DATED
26.09.2023
ANNEXURE A4 THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT
DATED 23.09.2024
ANNEXURE A5 THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT
DATED 23.09.2024
