Kerala High Court
Rejith R vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79771
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. 8095 OF 2024
CRIME NO.2276/2015 OF Adoor Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.163 OF 2016 OF
JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR
PETITIONER/ACCUSED:
REJITH R
AGED 33 YEARS
S/O RETNAKARAN, PALAVILAYIL VEEDU, PERINGANADU P.O,
PERINGANADU VILLAGE , ADOOR TALUK, PATHANAMTHITTA,
PIN - 691551
BY ADVS.
AJITH MURALI
MOHANAN M.K.
RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031
2 THE STATION HOUSE OFFICER
ADOOR POLICE STATION, ADOOR ,PATHANAMTHITTA DISTRICT,
PIN - 691523
3 GEEVARGHESE ABRAHAM
AGED 86 YEARS
S/O LATE P.S ABRAHAM , PALLATHU PUTHEN VEEDU ,
KARUVATTA , ADOOR P.O, ADOOR TALUK , PATHANAMTHITTA
DISTRICT,, PIN - 691523
CRL.MC NO. 8095 OF 2024 2
2024:KER:79771
BY ADVS.
SRI. NOUSHAD K. A. (PP)
SRI. K.V ANIL KUMAR
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. 8095 OF 2024 3
2024:KER:79771
BECHU KURIAN THOMAS, J
---------------------------------------------
Crl.M.C.No.8095 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 C.C. No.163/2016 on
the files of the Judicial First Class Magistrate Court, Adoor,
arising out of Crime No.2276/2015 of Adoor Police Station,
Pathanamthitta, registered for the offences punishable under
Sections 447, 506(I), 323 and 326 of the Indian Penal Code,
1860. The third respondent is the defacto complainant.
3. According to the prosecution, the accused had on
06.09.2015 trespassed into the courtyard of the de facto
complainant and assaulted him inflicting grievous injuries, 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. 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-C affidavit filed by third
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 petitioner
in C.C. No.163/2016 on the files of the Judicial First Class
Magistrate Court, Adoor, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:79771
PETITIONER ANNEXURES
Annexure-A THE CERTIFIED COPY OF THE FIR IN CRIME NO.
2276/2015 OF ADOOR POLICE STATION DATED 7.9.2015.
Annexure-B A TRUE COPY OF THE FINAL REPORT IN CRIME NO.
2276/2015 OF ADOOR POLICE STATION DATED
19.11.2015.
Annexure-C A TRUE COPY OF THE AFFIDAVIT OF THE 3RD
RESPONDENT DATED 25.9.2024.
Annexure-D THE TRUE COPY OF THE ENGAGEMENT INVITATION LETTER
OF THE PETITIONER.
