Kerala High Court
Arun Anirudhan vs The State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:76960
CRL.MC NO. 8102 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 8102 OF 2024
CRIME NO.772/2022 OF PERUNAD POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.70 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS COURT,RANNI
PETITIONERS/ACCUSED 1 TO 3 :
1 ARUN ANIRUDHAN, AGED 41 YEARS
S/O ANIRUDHAN,
PAZHAYAPARAMBIL HOUSE,
ERUVATTUPURA,
MAMPARA P.O, PERUNADU VILLAGE,
RANNY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 711.
2 VINOD M.S., AGED 47 YEARS
S/O SADASIVAN PILLAI, MELETHIL HOUSE,
ERUVATTUPURA, MAMPARA P.O,
PERUNADU VILLAGE,
RANNY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 711.
3 SANU T.S., AGED 56 YEARS
S/O SOMAN, THAMARASSERIL HOUSE,
MAMPARA MAMPARA P.O,
PERUNADU VILLAGE, RANNY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 711.
BY ADV ANSU VARGHESE
RESPONDENT/STATE, I.O. AND DE FACTO COMPLAINANT :
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
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CRL.MC NO. 8102 OF 2024
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2 THE STATION HOUSE OFFICER
PERUNADU POLICE STATION,
PATHANAMTHITTA,
PATHANAMTHITTA DISTRICT - 689 011.
3 AKHIL V. DEV
S/O VASUDEVAN PILLAI,
SASTHAMPARAMBIL (H),
MADATHUMMOOZHY,
PERUNADU VILLAGE,
PERUNADU P.O,
PATHANAMTHITTA DISTRICT - 689 711.
BY ADV MANU RAMACHANDRAN
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:76960
CRL.MC NO. 8102 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8102 of 2024
...................................................
Dated this the 17th day of October, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023; to quash all proceedings
against them.
2. Petitioners are accused Nos.1 to 3 in C.C.No.70/2023 on the files of the
Judicial First Class Magistrate Court-I, Ranni, arising out of Crime
No.772/2022 of Perunadu Police Station, Pathanamthitta District,
registered for the offences punishable under Sections 341, 323, 324 and
427 r/w Section 34 of the Indian Penal Code, 1860. The third
respondent is the de facto complainant.
3. According to the prosecution, accused had on 19.11.2022 restrained the
de facto complainant and assaulted him and thereby committed the
offences alleged.
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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CRL.MC NO. 8102 OF 2024
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. I have perused Annexure-A2 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 de facto 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.
2024:KER:76960
CRL.MC NO. 8102 OF 2024
Accordingly, all proceedings against the petitioners in C.C.No.70/2023
on the files of the Judicial First Class Magistrate Court-I, Ranni, are
quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/21/10/2024
2024:KER:76960
CRL.MC NO. 8102 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 772/2022 OF POLICE STATION AT
PERUNADU, PATHANAMTHITTA DISTRICT WHICH IS
NOW PENDING AS C.C. NO.70/2023 ON THE FILES
OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,
RANNY
ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED
27.09.2024 SWORN BY THE 3RD RESPONDENT/DE-
FACTO COMPLAINANT
