Kerala High Court
Nagarjunan.K.T vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8659 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. 8659 OF 2024
CRIME NO.301/2018 OF BEKAL POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.958 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONER/ACCUSED NO.1 TO 3 :
1 NAGARJUNAN.K.T, AGED 24 YEARS
S/O NARAYANAN.K.P,
KAARIKOCHI(H),
KOLLOTH PULLUR, HARIPURAM(P.O),
PULLUR VILLAGE, HOSDURG TALUK,
KASARAGOD, PIN - 671 531.
2 ARUNESH.K, AGED 27 YEARS
S/O ASHOKAN.K,
KAALICHAMARAM(H),
PULLUR, HARIPURAM,
PULLUR VILLAGE,
HOSDURG TALUK,
KASARAGOD, PIN - 671 531.
3 SHIJUKUMAR.V., AGED 34 YEARS
S/O K.S.ALAMI,
KAYANADAN HOUSE,
CHAALINGAL, HARIPURAM, PULLUR,
HOSDURG TALUK,
KASARAGOD, PIN - 671 531.
BY ADVS.
A.ARUNKUMAR
S.SHYAM KUMAR
SACHIN GEORGE ARAMBAN
NESILI NAZEER
CRL.MC NO. 8659 OF 2024
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RESPONDENT/STATE & DE FACTOCOMPLAINANTS :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 RANJITH.M.R., AGED 28 YEARS
S/O SHYAMALA.M.R,
THOTTOTTU HOUSE, P.O.PERIYA,
HOSDURG TALUK,
KASARAGOD, PIN - 671 320
BY ADV VIPIN T JOSE - R2
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. 8659 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8659 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 3 in C.C.No.958/2018 on the files of the
Judicial First Class Magistrate Court-II, Hosdurg, arising out of Crime
No.301/2018 of Bekal Police Station, Kasaragod District, registered for the
offences punishable under Sections 323, 324, 294(b), and 506(i) 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 06.06.2018 assaulted the de
facto complainant after abusing him 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.
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
CRL.MC NO. 8659 OF 2024
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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 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.
Accordingly, all proceedings against the petitioners in C.C.No.958/2018 on
the files of the Judicial First Class Magistrate Court-II, Hosdurg, are
quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/11/2024
CRL.MC NO. 8659 OF 2024
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PETITIONER ANNEXURES
ANNEXURE AI A TRUE COPY OF THE F.I.R IN CRIME NO. 301 OF
2018 OF BEKAL POLICE STATION, KASARAGOD.
ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.
301 OF 2018 OF BEKAL POLICE STATION, KASARAGOD.
ANNEXURE AIII THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
