Kerala High Court
Junu Vijayan vs State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:80273
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. 5746 OF 2021
CRIME NO.1063/2019 OF Kallambalam Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.62 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - III, ATTINGAL (TEMPORARY)
PETITIONER/4TH ACCUSED:
JUNU VIJAYAN,
AGED 23 YEARS
S/O. VIJAYAMOHAN, JUNU NIVAS, PALACHIRA, DALAVAPURAM,
CHERUVANNIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-
695142.
BY ADV M.RAJENDRAN NAIR
RESPONDENTS/STATE, DE-FACTO COMPLAINANTS & CWS 2 TO 5:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 SAJIN,
AGED 21 YEARS
S/O. NAZAR, P.M. HOUSE, PALAMOODU, MAMOM,
CHITTATTINKARA DESOM, KIZHUVILAM VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT-695101.
3 SHAHSAD,
AGED 20 YEARS
S/O. SHAJAHAN, SHAHNAS MANZIL, P.C. MUKKU P.O.,
KARAVARAM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT-695605.
Crl.MC No.5746 of 2021 2
2024:KER:80273
4 HAMDAN,
AGED 20 YEARS
ANITHA COTTAGE, MANGALAPURAM, KEEZHTHONNAKKAL VILLAGE,
THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT-
605302.
5 AKBARSHA,
AGED 21 YEARS
S/O. BAIJU, SALI MANZIL, OYOOR DESOM, VELINELLOOR
VILLAGE, KOLLAM DISTRICT-691510.
6 HABI,
AGED 21 YEARS
S/O. BAIJU, BEENA MANZIL, PALLIPURAM VILLAGE,
THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM DISTRICT-605302.
BY ADVS.
SMT. MINI.V.A.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No.5746 of 2021 3
2024:KER:80273
BECHU KURIAN THOMAS, J
---------------------------------------------
Crl.MC No.5746 of 2021
----------------------------------------------------
Dated this the 17th day of October, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 of
the Code of Criminal Procedure, 1973, to quash all proceedings
against them.
2. Petitioner is the 4th accused in C.C No.62/2020 on the
files of the Judicial First Class Magistrate Court-III (Temporary),
Attingal, which arise out of Crime No.1063/2019 of Kallambalam
Police Station, Thiruvananthapuram, registered for the offences
under Sections 143, 147, 148, 149, 341, 323 and 324 of the Indian
Penal Code, 1860. Respondent Nos.2 to 6 are the defacto
complainant and injured witnesses.
3. According to the prosecution, the accused had on
14.08.2019 formed themselves into an unlawful assembly,
restrained the defacto complainant and others and assaulted them
inflicting serious injuries, and 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.
2024:KER:80273
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 to Annexure-A7 affidavits
filed by respondent Nos.2 to 6. The learned Public Prosecutor has
submitted that upon verification, it is understood that the affidavits
are genuine, and the defacto complainant and other deponents
stand 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
2024:KER:80273
No.62/2020 on the files of the Judicial First Class Magistrate Court-III
(Temporary), Attingal, are quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:80273
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIR IN CRIME NO. 1063/2019 OF
KALLAMBALAM POLICE STATION,
THIRUVANANTHAPURAM.
Annexure A2 TRUE COPY OF FINAL REPORT IN CC NO.62/020 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT III
(TEMPORARY) ATTINGAL.
Annexure A3 NOTARIZED AFFIDAVIT DATED 19/11/2021 SWORN BY
THE 2ND RESPONDENT.
Annexure A4 NOTARIZED AFFIDAVIT DATED 19/11/2021 SWORN BY
THE 3RD RESPONDENT.
Annexure A5 NOTARIZED AFFIDAVIT DATED 19/11/2021 SWORN BY
THE 4TH RESPONDENT.
Annexure A6 NOTARIZED AFFIDAVIT DATED 19/11/2021 SWORN BY
THE 5TH RESPONDENT.
Annexure A7 NOTARIZED AFFIDAVIT DATED 19/11/2021 SWORN BY
THE 6TH RESPONDENT.
