Kerala High Court
Roy Basel vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8861 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. 8861 OF 2024
CRIME NO.1491/2018 OF ANCHALUMMOODU POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1948 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM
.....................................
PETITIONER/ACCUSED:
1 ROY BASEL, AGED 50 YEARS
S/O BASEL D' CRUZ, KRIPA VEEDU,
KOTTAYATHUKADAVU, MATHILIL P.O,
THRIKKADAVOOR, KOLLAM, PIN - 691 601.
2 REEBA ROY, AGED 46 YEARS
W/O ROY BASEL, KRIPA VEEDU,
KOTTAYATHUKADAVU, MATHILIL P.O,
THRIKKADAVOOR, KOLLAM - 691 601.
BY ADV SAJU J PANICKER
RESPONDENT/STATE/DE FACTO COMPLAINANT :
1 STATE OF KERALA
(SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION,
CRIME NO. 1491/2018)
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2 BESAL DECRUZ, AGED 76 YEARS
S/O SILVARY DECRUZ, KRIPA VEEDU,
KOTTAYATHUKADAVU, MATHILIL P.O,
THRIKKADAVOOR, KOLLAM, PIN - 691 601.
SRI.KURIAN K.JOSE, R2
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. 8861 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8861 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 in C.C.No.1948/2018 on the files of the Judicial
First Class Magistrate Court-I, Kollam, arising out of Crime No.1491/2018
of Anchalummoodu Police Station, Thiruvananthapuram District,
registered for the offences punishable under Sections 341, 323, 326 and
427 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 on 12.11.2018 restrained the
de facto complainant and assaulted him and inflicted grievous injuries
apart from causing damages, thereby committing the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for
the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the matter has
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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.
8. Though the learned Public Prosecutor pointed out that the first accused
is involved in three other crimes, considering the nature of the
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allegations in the present crime and the settlement entered into between
the parties, no purpose would be achieved by continuing the
prosecution.
9. Accordingly, all proceedings against the petitioners in C.C.No.1948/2018
on the files of the Judicial First Class Magistrate Court-I, Kollam, are
quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/11/2024
CRL.MC NO. 8861 OF 2024
2024:KER:83136
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE F.I.R IN CRIME NO.
1491/2018 OF ANCHALUMOODU POLICE STATION,
KOLLAM.
ANNEXURE A2 THE CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO. 1491/2018 OF ANCHALUMOODU POLICE
STATION, KOLLAM.
ANNEXURE A3 THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.
