Kerala High Court
Shiju.K vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8891 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. 8891 OF 2024
CRIME NO.514/2020 OF BEKAL POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1685 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
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PETITIONER/ACCUSED NOS.1 TO 7 :
1 SHIJU.K, AGED 28 YEARS
S/O KUNJIKRISHANAN, KUMARI HOUSE,
PALLIKKARA VILLAGE,
BEKAL P.O HOSDURG,
KASARAGOD, PIN - 671 316.
2 SHYJU, AGED 25 YEARS,
S/O.SATHEESHAN, KUMARI HOUSE,
PALLIKKARA VILLAGE,
BEKAL P.O., HOSDURG,
KASARAGOD, PIN - 671 316.
3 SHIJI.K., AGED 33 YEARS
S/O KUNJIKRISHNAN, KUMARI HOUSE,
PALLIKKARA VILLAGE, BEKALP.O.,
HOSDURG, KASARAGOD, PIN - 671 316.
4 RIJESH LAL, AGED 26 YEARS
S/O.RAJEEVAN, CHOMBA HOUSE,
THAMBURAN VALAPU, PALLIKKARA VILLAGE,
BEKAL P.O,
KASARAGOD, PIN - 671 316.
5 AJEESH. A., AGED 24 YEARS
S/O ASHOKAN, NEAR PUTHIYA BHAGAVTHI TEMPLE,
PALLIKKARA VILLAGE,
BEKAL P.O, HOSDURG,
KASARAGOD, PIN - 671 316.
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6 NANDHEESH. N, AGED 34 YEARS,
S/O NAMBEESHAN, KEEZHUR KADAPPURAM,
THEKKUMPURAM P.O, MELPARAMBU VILLAGE,
KASARAGOD DISTRICT, PIN - 671 317.
7 SUMESH. C., AGED 26 YEARS
S/O CHANDRAN, THAMBURAN VALAPPIL,
PALLIKARA VILLAGE, BEKAL P.O,
HOSDURG, KASARAGOD, PIN - 671 316.
BY ADVS.
A.ARUNKUMAR
S.SHYAM KUMAR
SACHIN GEORGE ARAMBAN
NESILI NAZEER
RESPONDENT/STATE & DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 DHAMODHARAN. K,
AGED 40 YEARS
S/O KRISHNAN, VISHNUMADAM HOUSE,
BEKAL, KOTTIKULAM VILLAGE,
HOSDURG TALUK, KASARAGOD - 671 316.
3 SATHEESHAN. K., AGED 44 YEARS
S/O KUMARAN, NEAR THARAYIL HOUSE,
BEKAL P.O, PALLIKARA VILLAGE,
HOSDURG, KASARAGOD, PIN - 671 316.
BY ADV VIPIN T JOSE - R2 & R3
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:
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BECHU KURIAN THOMAS, J
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Crl.M.C.No.8891 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 7 in C.C.No.1685/2020 on the files of the
Judicial First Class Magistrate Court-II, Hosdurg, arising out of Crime
No.514/2020 of Bekal Police Station, Kasaragod, registered for the
offences under Sections 143, 147, 148, 341, 323, and 324 r/w Section
149 of the Indian Penal Code, 1860. The second respondent is the de
facto complainant and the third respondent is the injured witness.
3. According to the prosecution, accused had on 31.08.2020 formed
themselves into an unlawful assembly and after restraining the de facto
complainant and his friend, assaulted them, thereby committing the
offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for
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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-AIII and Annexure-AIV affidavits filed by
respondent Nos.2 and 3. 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
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exercise in futility.
8. Accordingly, all proceedings against the petitioners in C.C.No.1685/2020
on the files of the Judicial First Class Magistrate Court-II, Hosdurg, are
quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/11/2024
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PETITIONER ANNEXURES
ANNEXURE AI A TRUE COPY OF THE F.I.R IN CRIME NO. 514 OF
2020 OF BEKAL POLICE STATION, KASARAGOD
ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 514 OF 2020 OF BEKAL POLICE STATION,
KASARAGOD
ANNEXURE AIII THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2
ANNEXURE AIV THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.3
