Kerala High Court
Haridas vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73346
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 7301 OF 2024
CRIME NO.167/2019 OF Nenmara Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.398 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONERS/ACCUSED 1-5:
1 HARIDAS
AGED 40 YEARS
S/O.RAMADAS, MUTHALAPPARA HOUSE, NENMARA,
PALAKKAD, PIN - 678508
2 SUNIL.C.C
AGED 40 YEARS
S/O.CHACKO, PUZHACKALTHARA, KANIMANGALAM,
NENMARA, CHITTUR, PALAKKAD, PIN - 678508
3 SUNNY JOSEPH
AGED 52 YEARS
S/O.JOSEPH, MALAYAKKANDATHIL VEEDU, PEZHUMPARA,
CHATHAMANGALAM.P.O, NENMARA,
PALAKKAD, PIN - 678508
4 SUJI
AGED 45 YEARS
S/O.VASUDEVAN, THOTTATHIL VEEDU, MATTUPARA,
NENMARA, PALAKKAD, PIN - 678508
5 RADHAKRISHNAN
AGED 48 YEARS
S/O.APPU, PARAMADA VEEDU, MATTUPARA,
NENMARA, PALAKKAD, PIN - 678508
BY ADV
V.A.JOHNSON (VARIKKAPPALLIL)
CRL.MC NO. 7301 OF 2024 2
2024:KER:73346
RESPONDENTS/STATE & DEFACTO COMPLAINANT/CW1:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031
2 MOHANAN
AGED 63 YEARS
S/O.KRISHNAN, MUTHALAPPARA HOUSE,
NENMARA, PALAKKAD, PIN - 678508
BY ADV
T.J.MARIA GORETTI
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 7301 OF 2024 3
2024:KER:73346
BECHU KURIAN THOMAS, J.
--------------------------------------
Crl.M.C No.7301 of 2024
---------------------------------------
Dated this 3rd day of October, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528
BNSS to quash all proceedings against them.
2. Petitioners are the accused 1 to 5 in C.C. No.398 of 2019
on the files of the Judicial First Class Magistrate Court, Alathur
arising out of Crime No.167 of 2019 of Nenmara Police Station,
Palakkad. 2nd respondent is the defacto complainant.
3. According to the prosecution, the accused had on
21.04.2019 formed themselves into an unlawful assembly and
assaulted the defacto complainant thereby committed the offence
under Sections 143, 147, 148, 341, 323, and 324 r/w Section 149 of
the Indian Penal Code, 1860.
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.
2024:KER:73346
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 2 affidavit filed by the 2nd
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.398 of 2019 on the files of the Judicial First Class Magistrate
Court, Alathur are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
MSA
2024:KER:73346
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT IN
C.C.NO.398/2019 OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE-I,
ALATHUR
Annexure 2 THE AFFIDAVIT DATED 08.08.2024 SWORN BY
THE 2ND RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
