Kerala High Court
Seethal Babu vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 7652 OF 2024
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2024:KER:83138
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. 7652 OF 2024
CRIME NO.868/2023 OF MUNAMBOM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.282 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL
PETITIONER/ACCUSED 1 TO 4 :
1 SEETHAL BABU, AGED 26 YEARS
D/O BABU, VEETTILVEEDU,
CONVENT BEACH, PALLIPPURAM P.O,
KUZHUPPILLY VILLAGE,
ERNAKULAM DISTRICT, PIN - 683 515.
2 TWINKLE BABU, AGED 29 YEARS
D/O BABU, VEETTILVEEDU,
CONVENT BEACH, PALLIPPURAM P.O,
KUZHUPPILLY VILLAGE,
ERNAKULAM DISTRICT, PIN - 683 515.
3 ANILA BABU, AGED 58 YEARS
W/O BABU, VEETTILVEEDU,
CONVENT BEACH, PALLIPPURAM P.O,
KUZHUPPILLY VILLAGE,
ERNAKULAM DISTRICT, PIN - 683 515.
4 BABU, AGED 64 YEARS
S/O KUMARAN, VEETTILVEEDU,
CONVENT BEACH, PALLIPPURAM P.O,
KUZHUPPILLY VILLAGE,
ERNAKULAM DISTRICT, PIN - 683 515.
BY ADVS.
ANOOP KRISHNA
V.A.PRADEEP KUMAR
JENNY THANKAM
CRL.MC NO. 7652 OF 2024
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2024:KER:83138
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SIVANESAN, AGED 66 YEARS
S/O KARUNAKARAN, NADUVELE PURAKKAL VEEDU,
ANAPPUZHA P.O, MEETHALA VILLAGE,
TRISSUR DISTRICT., PIN - 680 667.
BY ADVS.
LAKSHMI VARADA V. P.- R2
ARUNIMA G.(K/000146/2020)
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. 7652 OF 2024
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2024:KER:83138
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7652 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 Nos.1 to 4 in C.C.No.282/2024 on the files of
the Judicial First Class Magistrate Court, Narakkal, arising out of
Crime No.868/2023 of Munambom Police Station, Ernakulam
District, registered for the offences punishable under Sections 323,
506, and 120B r/w Section 34 of the Indian Penal Code, 1860. The
second respondent is the de facto complainant.
3. According to the prosecution, accused had conspired to harass the
de facto complainant and his family both mentally and physically
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.
CRL.MC NO. 7652 OF 2024
2024:KER:83138
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-A3 affidavit filed by the second respondent.
The learned Public Prosecutor has submitted that upon verification,
it is understood that the affidavit is genuine, and the 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.
CRL.MC NO. 7652 OF 2024
2024:KER:83138
Accordingly, all proceedings against the petitioners in
C.C.No.282/2024 on the files of the Judicial First Class Magistrate
Court, Narakkal, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/11/2024
CRL.MC NO. 7652 OF 2024
2024:KER:83138
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF CHARGE IN CC NO 282/2024
ON THE FILE OF JFCM NARAKKAL IN CRI NO
868/2023 ON THE FILE OF POLICE STATION
MUNABAM
ANNEXURE A2 THE TRUE COPY OF THE COMPROMISE IN OP NO
876/2023 ON THE FILE OF THE FAMILY COURT
NORTH PARAVUR DATED 22.12.2023
ANNEXURE A3 THE ORIGINAL AFFIDAVIT SIGNED BY THE 2ND
RESPONDENT ON 12.08.2024
ANNEXURE A4 THE TRUE COPY OF FIR IN CRIME NO. 868/2023
ON THE FILE OF THE POLICE STATION MUNABOM
DATED 10.10.2023
