Kerala High Court
Arun Thomas @ Manu vs State Of Kerala Represented By Public ... on 24 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8190 OF 2024
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2024:KER:79325
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 8190 OF 2024
CRIME NO.242/2019 OF Vellikulangara Police Station, Thrissur
CC NO.607 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS - I, CHALAKUDY
PETITIONER/ ACCUSED NOS.1 & 2 :
1 ARUN THOMAS @ MANU
AGED 34 YEARS, S/O THOMAS,
KADAPURAM HOUSE, KUNNUKARA. P.O.,
KUNNUKARA VILLAGE, ERNAKULAM DT,
PIN - 683578
2 ANJUMOL
AGED 34 YEARS, D/O KUNJAPPAN,
KUNDELITHETTA HOUSE, ALATHUR VILLAGE,
MELADOOR. P.O.,MALA (VIA),
THRISSUR DT, PIN - 680 741
BY ADV K.V.BHADRA KUMARI
RESPONDENT/ STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, COCHIN,
PIN - 682 031
2 SAJEEV K A
AGED 34 YEARS, SAJEEV K.A.,
S/O AYYAPPAN K., KARINGADAN HOUSE,
CHETTIKULAM, KODASSERY VILLAGE,
VELLIKULANGARA, THRISSUR DISTRICT,
PIN - 680 721
CRL.MC NO. 8190 OF 2024
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BY ADVS.
M.H.HANIS
P.M.JINIMOL(K/1092/2004)
T.N.LEKSHMI SHANKAR(K/1181/2010)
NANCY MOL P.(K/650/2012)
ANANDHU P.C.(K/1254/2020)
NEETHU.G.NADH(K/241/2014)
RIA ELIZABETH T.J.(K/001606/2024)
ANN MARY ANSEL(K/001722/2024)
SINISHA JOSHY(K/002029/2024)
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8190 OF 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.8190 of 2024
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Dated this the 24th day of October, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528
BNSS to quash all proceedings against them.
2. Petitioners are accused 1 and 2 in C.C. No.607 of 2019 on the
files of the Judicial First Class Magistrate's Court-I, Chalakudy, arising out
of Crime No.242 of 2019 of Vellikulangara Police Station, Thrissur,
registered for the offences under Sections 294(b), 323, 506(1) and 447
r/w Section 34 of the Indian Penal Code, 1860. The 2 nd respondent is the
defacto complainant.
3. According to the prosecution, the accused had on 30.09.2018
trespassed into the house of the defacto complainant and abused him and
his family members, thereby committing the offences alleged.
4. Heard the learned counsel for the petitioners and the learned
counsel for the respondent, apart from the learned Public Prosecutor.
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
CRL.MC NO. 8190 OF 2024
2024:KER:79325
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-IV affidavit filed by the 2 nd
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.
8. Accordingly, all proceedings against the petitioners in C.C.
No.607 of 2019 on the files of the Judicial First Class Magistrate's Court-I,
Chalakudy are quashed.
This Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 8190 OF 2024
2024:KER:79325
PETITIONERS' ANNEXURES :
Annexure I TRUE COPY OF THE F.I.R NO: 242/2019 OF
VELLIKULANGARA POLICE STATION DATED
4/5/2019
Annexure II CERTIFIED COPY OF THE CHARGE SHEET FILED
IN C.C NO: 607/2019 AGAINST THE
PETITIONERS ON THE FILES OF JFCM COURT,
CHALAKUDY
Annexure III TRUE COPY OF THE JUDGMENT ALONG WITH
MEDIATION AGREEMENT ENTERED BETWEEN THE 2
ND PETITIONER AND THE 2 ND RESPONDENT
DATED 23/7/2023 IN MAT A NO: 96/2022 OF
THIS HON'BLE COURT.
Annexure IV ORIGINAL AFFIDAVIT SIGNED BY THE 2 ND
RESPONDENT DATED 30/9/2024
