Kerala High Court
Nithin Thambi vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79739
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. 8294 OF 2024
CRIME NO.1357/2021 OF Museum Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.225 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,THIRUVANANTHAPURAM
PETITIONERS/ACCUSED IN C.C.NO.225/2022:
1 NITHIN THAMBI
AGED 23 YEARS
S/O. P.K THAMBI, POOVATHUNKAL, 4/538 IRAMALLOOR
VILLAGE, KOTHAMANGALAMTALUK, NELLIKKUZHI P.O
ERNAKULAM, PIN - 686691
2 ARUN S.A
AGED 30 YEARS
S/O SOMAN PUTHAVEED(H), KOTTUKAL VILLAGE, POTTAYIL,
PAYATTUUVILAP.O,THIRUVANATHAPURAM, PIN - 695501
3 ASHIKASHREF
AGED 25 YEARS
S/O ASHREF AVALIYAPARAPPALLI(H)NJARACKAL,
THRIKKADAVOOR VILLAGE, PERINADP.O,KOLLAM, PIN -
691601
BY ADVS.
NIDHIN RAJ VETTIKKADAN
ANJO FRANCIS
CRL.MC NO. 8294 OF 2024 2
2024:KER:79739
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER, MUSEUM POLICE
STATION THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI, PIN - 682031
2 SREENATH K S,
AGED 23 YEARS
S/O SURENDRANATH, KAPPILMEKKU, KRISHNAPPURAM VILLAGE,
KRISHNAPURAM P.O, KAYAMKULAM, ALAPPUZHA, PIN - 690533
BY ADV.
SMT. ANJALA NAZRIN SUBAIR
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. 8294 OF 2024 3
2024:KER:79739
BECHU KURIAN THOMAS, J
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Crl.M.C.No.8294 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 in C.C. No.225/2022 on the
files of the Judicial First Class Magistrate Court-III,
Thiruvananthapuram, arising out of Crime No.1357/2021 of Museum
Police Station, Thiruvananthapuram, registered for the offences under
Sections 294(b), 323, 341 and 324 read with Section 34 of the Indian
Penal Code, 1860. Second respondent is the defacto complainant.
3. According to the prosecution, the accused had on
24.11.2021, assaulted the defacto complainant, and thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioners and Smt.
Anjana Nazrin Subair, the learned counsel for the second respondent,
apart from the learned Public Prosecutor.
2024:KER:79739
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-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
exercise in futility.
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8. Accordingly, all proceedings against the petitioners in C.C.
No.225/2022 on the files of the Judicial First Class Magistrate Court-III,
Thiruvananthapuram, are quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
AJ JUDGE
2024:KER:79739
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR NO.
1357/2021BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT NO.III, THIRUVANANTHAPURAM
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO. 225/2022 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT NO.III,
THIRUVANANTHAPURAM
Annexure A3 THE AFFIDAVIT SWORN BY THE DEFACTO
COMPLAINANT DATED 20.09.2024
