Kerala High Court
Amal V Nawaz vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73477
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. 8001 OF 2024
CRIME NO.465/2020 OF Edathala Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.256 OF 2021
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA
PETITIONER/ACCUSED 4:
AMAL V NAWAZ
AGED 27 YEARS
S/O MOIDEEN MUHAMMAD NAWAZ, VYLLOPILLIL HOUSE,
JAWAHAR NAGAR, CHOORNIKARA KARA, THAIKKATTUKARA
P.O., ALUVA EAST VILLAGE, ERNAKULAM,
PIN - 683 106.
BY ADVS.
AJAI JOHN
V.M.SAJAN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 ANOOP @ JO VARGHESE
AGED 44 YEARS
S/O VARGHESE, KOYIKKARA HOUSE, SOCIETYPADY,
KEEZHMADU VILLAGE, EDATHALA, ERNAKULAM RURAL,
PIN - 683 112.
SRI. C.N. PRABHAKARAN (PP)
ADV. RAKHY BABY FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 8001 of 2024
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BECHU KURIAN THOMAS, J
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Crl.M.C.No. 8001 of 2024
----------------------------------------------------
Dated this the 3rd day of October, 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 4th accused in C.C. No.256/2021 on the
files of the Judicial Magistrate of First Class-I, Aluva which arise
out of Crime No.465/2020 of Edathala Police Station, Ernakulam
registered for the offences under Sections 447, 341, 323, and 324
read with Section 34 of the Indian Penal Code, 1860. 2nd
respondent is the defacto complainant.
3. According to the prosecution, the accused had on
28.05.2020 trespassed into the residence of the complainant and
dragged him out and assaulted him with an iron road, thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioner and the
learned counsel for the respondents, apart from the learned Public
Prosecutor.
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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.
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.
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8. Accordingly, all proceedings as against the petitioner
alone in C.C. No.256/2021 on the files of the Judicial Magistrate of
First Class-I, Aluva are quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
SCB JUDGE
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PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO.
465/2020 OF EDATHALA POLICE STATION,
ERNAKULAM RURAL.
Annexure A2 CERTIFIED COPY OF FINAL REPORT IN
CC/256/2021 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I AT ALUVA.
Annexure A3 TRUE COPY OF THE AFFIDAVIT OF THE DE-
FACTO COMPLAINANT DATED 25/09/2024 IS
PRODUCED HEREWITH AND MAYBE MARKED AS
ANNEXURE A3.
