Kerala High Court
Shameer vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79639
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. 6532 OF 2024
CRIME NO.1472/2019 OF Adoor Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.103 OF 2020 OF
DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA
PETITIONER/SOLE ACCUSED:
SHAMEER
AGED 33 YEARS
S/O NOUSHAD, RESIDING AT OTTAPLAVIL THEKKETHIL
VEEDU, VELICHIKKALA, PALLIMON VILLAGE,
VELICHIKKALA P.O., KOLLAM DISTRICT, PIN - 691573
BY ADVS.
M.KIRANLAL
T.S.SARATH
R.RAJESH (VARKALA)
MANU RAMACHANDRAN
SAMEER M NAIR
SAILAKSHMI MENON
SMT.AKHILA B.
JOTHISHA K.A.
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
CRL.MC NO. 6532 OF 2024 2
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2 GIREESH
AGED 38 YEARS
S/O KUNJUMON, RESIDING AT GIREESH BHAVANAM,
PUNNAKODU, ELAMPALLIL, PAYYANALLOOR P.O., PALLICKAL
VILLAGE, ADOOR, PATHANAMTHITTA, PIN - 690504
BY ADVS.
SRI. SABIKH MOHAMMED V.S
SRI. C.N. PRABHAKARAN (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. 6532 OF 2024 3
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BECHU KURIAN THOMAS, J
.............................................
Crl.MC. No. 6532 of 2024
.......................................................
Dated this the 22nd day of October, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all
proceedings against him.
2. Petitioner is the sole accused in S.C. No.103/2020 on the
files of the Sessions Court, Pathanamthitta, which arise out of Crime
No.1472/2019 of Adoor Police Station, registered for the offence
under Sections 294(b), 326 and 307 of the Indian Penal Code, 1860.
The second respondent is the defacto complainant.
3. According to the prosecution, the accused had on
19.06.2019, caused bodily injury to the defacto complainant using
an excavator (J.C.B) after trespassing into the property, and thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioner and the
learned counsel for the respondent, apart from the learned Public
Prosecutor.
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5. Though the offence under Section 307 of IPC, is a
heinous crime. In Gian Singh v. State of Punjab and Another
[(2012) 10 SCC 303] the Hon'ble Supreme Court has observed that,
in exceptional case, even in cases where the offence under Section
307 IPC alleged can be quashed, provided the nature of allegations
would not bring home the commission of an offence under Section
307 of the IPC.
6. In the instant case, on a reading of the final report it is
evident that, there is nothing to indicate that there was an attempt
on the part of the petitioner to attempt to commit murder and on
the other hand, even if the uncontroverted allegations are admitted,
still it will not make out the offence under Section 307 of IPC. In
such circumstnaces, the settlement entered into between the
parties can be relied upon to quash the proceedings.
7. I have perused Annexure A3 affidavit filed by the second
respondent. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and the
defacto 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
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exercise in futility.
8. Accordingly, all proceedings against the petitioner in
S.C. No.103/2020 on the files of the Sessions Court, Pathanamthitta,
are quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
AJ JUDGE
2024:KER:79639
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME
Annexure A2 A TRUE COPY OF THE FINAL REPORT IN CRIME
Annexure A3 THE ORIGINAL AFFIDAVIT SWORN IN BY THE DE-
FACTO COMPLAINANT
