Kerala High Court
Sudheesh @Chakku vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79848
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.MC NO. 8076 OF 2024
CRIME NO.1107/2020 OF Ettumanoor Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.345 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR
PETITIONERS/ACCUSED NUMBER 2 ADN 3:
1 SUDHEESH @ CHAKKU
AGED 32 YEARS
S/O SHAJI, KIZHAKKEORUKKALAYIL HOUSE, KOODALLOOR KAVALA
BHAGAM, KIZHAKKUMBHAGAM KARA, ETTUANOOR VILLAGE,
KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686631
2 AJITH BABU @ PAPPUKKANNAN
AGED 35 YEARS
S/O BABU, PINDIPUZHA HOUSE, KOODALLOOR KAVALA BHAGAM,
KIZHAKKUMBHAGAM KARA, ETTUANOOR VILLAGE, KOTTAYAM
TALUK, KOTTAYAM DISTRICT, PIN - 686631
BY ADV JITHIN BOSE
RESPONDENTS/STATE, COMPLAINANT AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER OF ETTUMANOOR POLICE STATION
KOTTAYAM TALUK, KOTTAYAM DISTRICT,
PIN - 686631
CRL.MC NO. 8076 OF 2024 2
2024:KER:79848
3 AMAL
AGED 22 YEARS
S/O BENNY, VETTIKKANAL HOUSE, DUTCH SQUARE BHAGAM,
CHERUKARA KARA, ALAPUZHA WEST VILLAGE, ALAPPUZHA TALUK,
ALAPPUZHA DISTRICT, NOW RESIDE AT VETTINAKKAYIL HOUSE,
MARANGATTUPALLI KARA, MARANGATTUPALLI VILLAGE,
MEENACHIL TALUK, KOTTAYAM, PIN - 686635
4 BEENAMMA THANKACHAN
AGED 54 YEARS
W/O THANKACHAN M.K MANALIKUNNEL HOUSE, MARANGATTUPALLI
KARA, MARANGATTUPALLI VILLAGE, MEENACHIL TALUK,
KOTTAYAM, PIN - 686635
5 ASHA BENNY
AGED 29 YEARS
W/O LATE GIFTSON THANKACHAN, MANALIKUNNEL HOUSE,
MARANGATTUPALLI KARA, MARANGATTUPALLI VILLAGE,
MEENACHIL TALUK, KOTTAYAM, PIN - 686635
BY ADVS.
SMT. K.R.MONISHA
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8076 OF 2024 3
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BECHU KURIAN THOMAS, J
.............................................
Crl. M.C No.8076 of 2024
.......................................................
Dated this the 22nd 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 him.
2. Petitioners are accused Nos.2 and 3 in C.C No.345/2021
on the files of the Judicial First Class Magistrate Court-I, Ettumanoor,
arising out of Crime No.1107/2020 of Ettumanoor Police Station,
Kottayam, registered for the offences punishable under Sections 451,
324 and 294(b) read with Section 34 of the Indian Penal Code, 1860.
Respondents 3 to 5 are the de facto complainant and the injured
witnesses.
3. According to the prosecution, the accused had on
28.09.2020 trespassed into the room of the defacto complainant, and
assaulted him and respondents 4 and 5, and inflicted grievous injuries,
and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the
learned counsel for the respondents, apart from the learned Public
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Prosecutor.
5. The learned counsel for the petitioners 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 A5 to Annexure A7 affidavits
filed by respondents 3 to 5. The learned Public Prosecutor has submitted
that upon verification, it is understood that the affidavits are genuine,
and de facto complainant and the 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
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exercise in futility.
8. Accordingly, all proceedings against the petitioners in
C.C No.345/2021 on the files of the Judicial First Class Magistrate Court-I,
Ettumanoor, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:79848
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO. 1107 OF 2020 OF THE ETTUMANOOR
POLICE STATION, KOTTAYAM ALONG WITH THE
STATEMENT OF THE DECEASED DEFACTO COMPLAINANT
Annexure A2 THE TRUE COPY OF THE CHARGE SHEET IN C.C. NO.
345 OF 2021 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, ETTUMANOOR,
KOTTAYAM
Annexure A3 THE DEATH CERTIFICATE OF THE DECEASED DEFACTO
COMPLAINANT DATED 10.08.2024 FROM THE
MARANGATTUPLLY GRAMA PANCHAYATH
Annexure A4 THE RATION CARD OF THE DECEASED DEFACTO
COMPLAINANT
Annexure A5 THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT
DATED 12.08.2024
Annexure A6 THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT
(MOTHER OF THE DECEASED DEFACTO COMPLAINANT)
DATED 12.08.2024
Annexure A7 THE AFFIDAVIT SWORN TO BY THE 5TH RESPONDENT
(WIFE OF THE DECEASED DEFACTO COMPLAINANT)
DATED 12.08.2024
