Kerala High Court
Albin Mahajan vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8878 OF 2024
1
2024:KER:83140
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. 8878 OF 2024
CRIME NO.502/2024 OF PIRAVAM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.371 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM
PETITIONER/ACCUSED :
ALBIN MAHAJAN, AGED 20 YEARS
S/O MAHAJAN,
KORAVEELIKUZHY HOUSE,
MULAKKULAM SOUTH P.O.,
KOTTAYAM DIST, PIN - 686 610.
BY ADV ANTONY PAUL
RESPONDENT/COMPLAINANT/DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 PAUL K. G.,
AGED 54 YEARS
S/O GEORGE, KOMBANAL HOUSE,
KOMBANAMALA, PIRAVOM, PIN - 686 664.
BY ADV V.A.NAVAS
SMT. SREEJA V (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. 8878 OF 2024
2
2024:KER:83140
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8878 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 accused in C.C.No.371/2024 on the files of the Judicial
First Class Magistrate Court, Piravom, arising out of Crime No.502/2024 of
Piravam Police Station, registered for the offences under Section 303(2) of
the Bharatiya Nyaya Sanhita (BNS), 2023. The second respondent is the de
facto complainant.
3. According to the prosecution, the accused had in between 04.07.2024 and
05.07.2024 stolen the Hero Honda Passion Pro motorcycle belonging to the
wife of the de facto complainant, thereby committing the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for the
respondent, apart from the learned Public Prosecutor.
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
CRL.MC NO. 8878 OF 2024
2024:KER:83140
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 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 defacto 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.
8. Accordingly, all proceedings against the petitioner in C.C.No.371/2024 on
the files of the Judicial First Class Magistrate Court, Piravom, are quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/11/2024
CRL.MC NO. 8878 OF 2024
2024:KER:83140
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR AND FIS IN CRIME NO.
502/2024 OF PIRAVOM POLICE STATION DATED
05/07/2024
ANNEXURE A2 THE TRUE COPY OF THE CHARGE SHEET/FINAL REPORT
LEVELED AGAINST THE PETITIONER/ACCUSED DATED
31/07/2024 AS C.C. NO.371/2024 BEFORE THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT,
PIRAVOM
ANNEXURE A3 THE TRUE COPY OF TREATMENT CERTIFICATE ISSUED
BY DR. CHIPPY JOSEPH, SENIOR RESIDENT,
DEPARTMENT OF PSYCHIATRY, M.O.S.C. MEDICAL
COLLEGE HOSPITAL, KOLENCHERY DATED 20/08/2024
ANNEXURE A4 THE AFFIDAVIT OF THE 2ND RESPONDENT
