Kerala High Court
Akhilraj vs State Of Kerala on 21 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8962 OF 2024
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2024:KER:87310
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
CRL.MC NO. 8962 OF 2024
CRIME NO.7/2019 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.180 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, VARKALA
PETITIONER/ACCUSED:
AKHILRAJ, AGED 28 YEARS,
S/O RAJENDRAN PILLAI,
RESIDING AT AMBILI BHAVAN,
NEAR THOCADU LIBRARY, CHEMMARUTHI VILLAGE,
THIRUVANANTHAPURAM, PIN - 695143
BY ADV.SRI.AKHIL SUSEENDRAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 STATION HOUSE OFFICER,
VARKALA POLICE STATION,
VARKALA KALLAMBALAM RD, VARKALA,
THIRUVANANTHAPURAM, PIN - 695 141.
3 RASHEED, AGED 60 YEARS,
S/O. IBRAHIM KUNJU,
RESIDING AT KIZHAKKATHIL VEEDU,
KAPPAMVILA, KUDAVOOR, VARKALA,
THIRUVANANTHAPURAM, PIN - 695 313.
BY ADV.SMT. MAHIMA FOR R3
SRI. NOUSHAD K. A. (PUBLIC PROSECUTOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.11.2024,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8962 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8962 of 2024
...................................................
Dated this the 21st 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.180/2019 on the files of the Judicial First
Class Magistrate Court-I, Varkala, Thiruvananthapuram District arising out of
Crime No.7/2019 of Varkala Police Station, Thiruvananthapuram District
registered for the offences under Sections 427 and 153 of the Indian Penal
Code, 1860. The third respondent is the de facto complainant.
3. According to the prosecution, the accused had on 02.01.2019, threw stones
to the window of the CPI party office at Varkala during the procession,
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
CRL.MC NO. 8962 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-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.180/2019 on the
files of the Judicial First Class Magistrate Court-I, Varkala, are quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/21/11/2024
CRL.MC NO. 8962 OF 2024
2024:KER:87310
PETITIONER ANNEXURES
ANNEXURE A THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 7/2019 OF VARKALA POLICE STATION,
THIRUVANANTHAPURAM PUNISHABLE U/SS.427 AND 153
OF IPC PENDING AS CC NO. 180/2019 ON THE FILE
OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
VARKALA, THIRUVANANTHAPURAM
ANNEXURE B AFFIDAVIT OF COMPROMISE OF RESPONDENT NO. 3
DATED 20/08/2024
