Kerala High Court
Praveen Chandran vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8221 OF 2024
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2024:KER:83162
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. 8221 OF 2024
CRIME NO.3269/2016 OF KOTTARAKKARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.97 OF 2019 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KOTTARAKKARA
..................................
PETITIONER/ACCUSED :
PRAVEEN CHANDRAN, AGED 48 YEARS
S/O LATE RAMACHANDRAN,
CHANDRAKANTHAM VEEDU, NEELESWARAM P O,
KOTTARAKARA, KOLLAM DISTRICT - 691 505.
BY ADVS.
PREEJA V.P.
V.P.PRASANTH
JOBY AUGUSTINE V.J.
RESPONDENT/STATE AND DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI - 682 031.
2 JYOTHISH, AGED 42 YEARS
S/O. VIJAYAN, PANAVILA VEEDU,
NEELESWARAM (P.O), NEDUVATHOOR VILLAGE,
KOTTARAKKARA TALUK,
KOLLAM DISTICT, PIN - 691 505.
SRI.AJIN JOHN MATHEW, 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. 8221 OF 2024
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2024:KER:83162
BECHU KURIAN THOMAS, J
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Crl.M.C.No.8221 of 2024
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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 S.C.No.97/2019 on the files of the Assistant
Sessions Court, Kottarakara, arising out of Crime No.3269/2016 of
Kottarakkara Police Station, registered for the offences under Sections
341, 294(b), 323, 326, 308 and 506(ii) of the Indian Penal Code, 1860.
The second respondent is the de facto complainant.
3. According to the prosecution, the accused had on 19.12.2016 restrained
the de facto complainant and assaulted him, inflicting grievous injuries,
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
alleged, no purpose would be served by continuing the proceedings.
CRL.MC NO. 8221 OF 2024
2024:KER:83162
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-C 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 S.C.No.97/2019 on
the files of the Assistant Sessions Court, Kottarakara, are quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/11/2024
CRL.MC NO. 8221 OF 2024
2024:KER:83162
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE FIR IN CRIME NO. 3269/2016
OF KOTTARAKKARA POLICE DATED 21/12/2016
ANNEXURE B A TRUE COPY OF THE FINAL REPORT FILED BY THE
POLICE DATED 15.11.2017 WHICH IS PRESENTLY
NUMBERED AS SC NO: 97 OF 2019 PENDING BEFORE
ASSISTANT SESSIONS COURT KOTTARAKKARA
ANNEXURE C AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO
COMPLAINANT DATED 03.10.2024
