Kerala High Court
Ashah vs State Of Kerala on 15 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:86945
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. 9429 OF 2024
CRIME NO.481/2023 OF Thumba Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.557 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -V, THIRUVANANTHAPURAM(SPECIAL
COURT-MARKLIST CASES)
PETITIONER/ACCUSED:
ASHAH
AGED 49 YEARS
S/O TOKLANG, RESIDING AT EB- 0023/C-51, P.O MON,
SHANTHAM WARD, MON SADAR, MON, MON, NAGALAND
(PRESENTLY IN JUDICIAL CUSTODY AT DISTRICT JAIL
THIRUVANANTHAPURAM, PIN - 798621
BY ADVS.
ADITHYA KIRAN V.E
LEO SANJO
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
THUMBA POLICE STATION, STATION KADAVU, VSSC RD, THUMBA,
THIRUVANANTHAPURAM, KERALA, PIN - 695583
3 ARJUNAN
AGED 61 YEARS
S/O JANARDHANAN, RESIDING AT SREEVISHVANADHAM HOUSE,
PALLINADA, ATTIPARA VILLAGE, THIRUVANANTHAPURAM,
PIN - 695582
CRL.MC NO. 9429 OF 2024 2
2024:KER:86945
BY ADVS
SRI. SUJITH GEORGE
SMT. SREEJA V (PP)
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. 9429 OF 2024 3
2024:KER:86945
BECHU KURIAN THOMAS, J
---------------------------------------------
Crl.MC. No.9429 of 2024
----------------------------------------------------
Dated this the 15th 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.557/2023 on the files of
the Judicial First Class Magistrate Court-V, Thiruvananthapuram, arising
out from Crime No.481/2023 of Thumba Police Station,
Thiruvananthapuram, registered for the offences under Sections 324,
326, 447 and 294(b) of the Indian Penal Code, 1860. Third respondent is
the defacto complainant.
3. According to the prosecution, the accused had on
06.05.2023, trespassed into the house of the defacto complainant and
assaulted him inflicting grievous injuries, and thereby committed 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
2024:KER:86945
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 B affidavit filed by the third
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.557/2023 on the files of the Judicial First Class Magistrate Court-V,
Thiruvananthapuram), are quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:86945
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF FINAL REPORT/CHARGE SHEET DATED
30.05.2023 IN FIR NO. 481/2023 OF THUMBA POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
Annexure B ORIGINAL OF THE SWORN AFFIDAVIT FILED BY THE 3RD
RESPONDENT/DEFACTO-COMPLAINANT DATED 28.10.2024
