Kerala High Court
Ranjith vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79746
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. 8298 OF 2024
CRIME NO.6/2024 OF Pudunagaram Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.530 OF 2024 OF
ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT,
PALAKKAD
PETITIONERS/ACCUSED 1 TO 8:
1 RANJITH
AGED 24 YEARS
POOLAKUNNU HOUSE, VILAYANCHATHANUR, THENKURUSSI,
PALAKKAD, PIN - 678671
2 KIRAN
AGED 24 YEARS
S/O KRISHNAN AKALAKADU HOUSE, VILAYANCHATHANUR,
THENKURUSSI, PALAKKAD, PIN - 678671
3 ARUNNATH
AGED 28 YEARS
S/O MOHANAN POOLAKUNNU HOUSE, VILAYANCHATHANUR,
THENKURUSSI, PALAKKAD, PIN - 678671
4 SARATH N S
AGED 23 YEARS
S/O NARAYANAN POOLAKUNNU HOUSE, VILAYANCHATHANUR,
THENKURUSSI, PALAKKAD, PIN - 678671
5 DEEPAK V
AGED 21 YEARS
S/O VELAYUDHAN KUTTTY MANALIPOTTA HOUSE ,
VILAYANCHATHANUR, THENKURUSSI, PALAKKAD, PIN - 678671
CRL.MC NO. 8298 OF 2024 2
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6 SOMU B
AGED 39 YEARS
S/ O BABU KALLEKKAD NEAR CIVIL STATION PALAKKAD,
PIN - 678001
7 JAGADEESH V
AGED 26 YEARS
S/O VELAYUDHAN PULAKUNNU , VILAYANCHATHANUR,
THENKURUSSI, PALAKKAD, PIN - 678671
8 SALMANUL FARIZ
AGED 24 YEARS
S/O BHASHEER FTHIMA HOUSE, KAYRAMKULAM THENKURUSSY
PALAKKAD, PIN - 678671
BY ADVS.
T.K.SANDEEP
SWETHA R.
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 SOORAJ
AGED 21 YEARS
POTHAYANKADU HOUSE, KALAPPETTY KUZHALMANNAM PALAKKAD,
PIN - 678702
3 SIBIN
AGED 23 YEARS
S/O BHASKARAN AM NIVAS, KANJILAMKODE KODUVAYUR
PALAKKAD, PIN - 678501
4 SANILKUMAR
AGED 19 YEARS
S/O SUBRAMANIAN, ANJATHANI, THENKURUSSI, ALATHUR
PALAKKAD, PIN - 678671
CRL.MC NO. 8298 OF 2024 3
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BY ADVS.
SRI. AMJITH C.M.
SMT. SREEJA V (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. 8298 OF 2024 4
2024:KER:79746
BECHU KURIAN THOMAS, J
-------------------------------------------
Crl.M.C.No.8298 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 them.
2. Petitioners are the accused Nos.1 to 8 in S.C. No.530/2024
on the files of the Sub Court Palakkad, arising out of Crime No.6/2024 of
Pudunagaram Police Station, Palakkad, registered for the offences under
Sections 143, 147, 148, 341, 323, 324, 308 and 149 of the Indian Penal
Code, 1860. Respondent Nos.2 to 4 are the defacto complainant and the
injured witnesses.
3. According to the prosecution, due to previous enimity the
accused had on 01.01.2024, formed themselves into an unlawful
assembly and after restraining the defacto complainant, assaulted him,
and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and Sri. Amjith
C.M, the learned counsel for the respondents, 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. The learned Public Prosecutor upon instructions submitted
that the 6th accused is involved in three other crimes. However,
considering the nature of settlement arrived between the parties, I am
satisfied that no purpose would be achieved by continuing the
prosecution.
8. I have perused Annexure III to Annexure V affidavits filed by
respondent Nos.2 to 4. 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
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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 petitioners in S.C.
No.530/2024 on the files of the Sub Court Palakkad, are quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
AJ JUDGE
2024:KER:79746
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF THE FIR IN CRIME NO: 6/2024 OF
PUDUNAGARAM POLICE STATION DATED 2.01.2024
Annexure II CERTIFIED COPY OF FINAL REPORT IN CRIME NO 6/ 2024
OF PUDUNAGARAM POLICE STATION DATED 20.02.2024
Annexure III ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 2ND
RESPONDENT DATED 11/03/2024
Annexure IV ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 3RD
RESPONDENT DATED 11/03/2024
Annexure V ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 4TH
RESPONDENT DATED 11/03/2024
