Kerala High Court
Palani vs State Of Kerala on 15 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
CRL.MC NO. 9117 OF 2024
CRIME NO.206/2017 OF RAILWAY POLICE STATION ERNAKULAM, Ernakulam
CC NO.794 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
ERNAKULAM
PETITIONER/ ACCUSED 1 & 2 :
1 PALANI
AGED 53 YEARS
S/O SUDALAIMUTHU, 30/2,
DISNERY STREET, MANGALKUDIIRUKKU,
TACHANALLOOR, TIRUNELVELI,
PIN - 627358
2 M. MANIKANDAN
AGED 42 YEARS
S/O MARTHANDAN, 8/88,
NORTH STREET, KOYILANKULAM, RADHAPURAM,
TIRUNELVELI, PIN - 627116
BY ADV PRAVEEN.H.
RESPONDENT/ STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SIDDHIQ
AGED 50 YEARS
S/O ALIKUNJU, PALOTTUDAROOL,
MUNEER HOUSE, THRIKOVILVATTOM,
KOLLAM, PIN - 691005
BY ADVS.
SNEHA M.S.
ABHIJITH E.R.
CRL.MC NO. 9117 OF 2024
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2024:KER:85911
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9117 OF 2024
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2024:KER:85911
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.9117 of 2024
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Dated this the 15th day of November, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482
Cr.P.C to quash all proceedings against them.
2. Petitioners are accused 1 & 2 in C.C. No.794 of 2017 on the
files of the Judicial First Class Magistrate's Court-I, Ernakulam, arising out
of Crime No.206 of 2017 of Railway Police Station, Ernakulam, registered
for the offences under Sections 294(b), 323, 324 and 341 r/w Section 34
of the Indian Penal Code, 1860. The 2nd respondent is the defacto
complainant.
3. According to the prosecution, the accused had on 11.04.2017
assaulted the defacto complainant while he was travelling on the
Tirunelveli Happa Express 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 alleged, no purpose would be served by continuing
the proceedings.
CRL.MC NO. 9117 OF 2024
2024:KER:85911
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 2 nd
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 petitioners in C.C.
No.794 of 2017 on the files of the Judicial First Class Magistrate's Court-I,
Ernakulam are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 9117 OF 2024
2024:KER:85911
PETITIONERS' ANNEXURES :
Annexure A1 A TRUE COPY OF THE FINAL REPORT NO.
314/2017 SUBMITTED BY THE SUB INSPECTOR OF
POLICE, RAILWAY POLICE STATION BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
ERNAKULAM DATED 31/07/2024
Annexure A2 A CERTIFIED COPY OF THE JUDGMENT PASSED BY
THE LEARNED SINGLE JUDGE OF THE HON'BLE
HIGH COURT OF KERALA IN CRL. M.C 6329/2018
DATED 22/10/2024
Annexure A3 A TRUE COPY OF THE AFFIDAVIT SIGNED BY THE
2ND RESPONDENT DATED 18/10/2024
