Kerala High Court
Swethin vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73499
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. 5800 OF 2024
CRIME NO.376/2011 OF Kuttiyadi Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.65 OF 2020 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOZHIKODE / IV
ADDITIONAL MACT, KOZHIKODE
PETITIONERS/ACCUSED NO.1 AND 2:
1 SWETHIN
AGED 34 YEARS
S/O. RAVEENDRAN, KUNJIPARAMBIL HOUSE,
CHERAPURAM AMSOM, KOZHIKODE DISTRICT,
PIN - 673507
2 MINILESH,
AGED 39 YEARS
S/O. KUNJIRAMAN, MAVULLATHIL HOUSE, CHERAPURAM,
KOZHIKODE DISTRICT., PIN - 670503
BY ADVS.
M.B.SHYNI
RAJESH KUMAR R.
V.R.ANILKUMAR
SARAFUDHEEN T.
ELDHOSE JOY
RESPONDENTS/INJURED WITNESSES:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
CRL.MC NO. 5800 OF 2024 2
2024:KER:73499
2 MUHAMMED BASITH
AGED 28 YEARS
S/O MUHAMMED BASHEER,KAKKATTIL HOUSE,
THEEKKUNI, CHERAPURAM P.O,
KOZHIKODE DISTRICT, PIN - 673507
3 MUHAMMED SAYYIDH
AGED 23 YEARS
S/O MUHAMMED BASHEER,KAKKATTIL HOUSE,
THEEKKUNI, CHERAPURAM P.O,
KOZHIKODE DISTRICT-, PIN - 673507
BY ADV
SMT. SREEJA V (PP)
SRI. AJITH P.C
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. 5800 OF 2024 3
2024:KER:73499
BECHU KURIAN THOMAS, J.
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Crl.M.C No.5800 of 2024
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Dated this 3rd day of October, 2024
ORDER
Petitioners have invoked the jurisdiction under Section
482 Cr.P.C to quash all proceedings against them.
2. Petitioners are accused 1 and 2 in S.C. No.65 of
2020 on the files of the Additional Sessions Court-V, Kozhikode
arising out of Crime No.376/2011 of Kuttiyady Police Station.
Respondents are the injured witnesses.
3. According to the prosecution, the accused had, on
16.06.2011, due to enmity with the defacto complainant, who
was the grandfather of respondents 2 and 3, trespassed into the
house of the defacto complainant and threatened to kill him and
threw a steel bomb into his house causing injury to respondents
2 and 3 and thereby committed the offences under Sections
447, 324, 506(i) r/w Section 34 of IPC.
4. Heard the learned counsel for the petitioners and
the learned counsel for the respondent, apart from the learned
Public Prosecutor.
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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.
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. Though the learned Public Prosecutor submitted
that the 1st accused is involved in three other crimes, I am of
the view that considering the nature of settlement arrived at
between the parties and the nature of offences alleged, no
purpose would be achieved by continuing the prosecution.
8. I have perused Annexure 3 and 4 affidavits filed by
respondents 2 and 3. The learned Public Prosecutor has
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submitted that upon verification, it is understood that the
affidavits are genuine, and they stand by the contents thereof.
The defacto complainant is more and hence his affidavit is not
filed. 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.
9. Accordingly, all proceedings against the petitioners
in S.C. No.65 of 2020 on the files of the Additional Sessions
Court-V, Kozhikode are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
MSA
2024:KER:73499
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR DATED 17.07.2011
IN CRIME NO.376/2011 OF KUTTIADY POLICE
STATION KOZHIKODE DISTRICT
Annexure -2 A TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 376/2011 OF KUTTIADY POLICE
STATION KOZHIKODE DISTRICT
Annexure 3 A TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 2ND RESPONDENT DATED 15TH DAY OF
JUNE, 2024
Annexure 4 A TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 3RD RESPONDENT DATED 15TH DAY OF
JUNE, 2024
