Kerala High Court
Vaishak Raj vs State Of Kerala on 30 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:80921
CRL.MC NO. 8970 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
CRL.MC NO. 8970 OF 2024
CRIME NO.361/2024 OF ERAVIPURAM POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1378 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
.......................................
PETITIONER/ACCUSED 1 - 6:
1 VAISHAK RAJ, AGED 22 YEARS
S/O RAJU, SREE VISHAKAM,
KARIKKUZHI, MAYYANADU,
KOLLAM, PIN - 691 303.
2 VISHAK, AGED 19 YEARS
S/O RAJU, SREEVISHAKAM,
KARIKKUZHI, MAYYANADU P.O.
KOLLAM, PIN - 691 303.
3 BALU, AGED 24 YEARS
S/O BIJU,
VAYALIL PUTHEN VEEDU,
KARIKKUZHI, MAYYANADU CHERRY,
KOLLAM, PIN - 691 303.
4 SIJILAL, AGED 23 YEARS
S/O BAIJULAL, THODIYIL VEEDU,
NETHAJI NAGAR, KORAMUKKU,
KOOTTIKADA P.O.,
KOLLAM, PIN - 691 020.
5 SHIBIN S., AGED 21 YEARS
S/O SHIBU, FLAT NO.05,
HOUSE, NO 37, TSUNAMI FLAT,
KALLUMKUNNU, KURUMANDAL,
PARAVOOR P.O.,
KOLLAM, PIN - 691 301.
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CRL.MC NO. 8970 OF 2024
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6 ABHISHEK, AGED 22 YEARS
S/O MURUKAN,
KUNNIL THECKATHIL VEEDU, AKKOLIL,
VALATHUNGAL CHERRY,
KOLLAM, PIN - 691 011.
BY ADV AJAYA KUMAR. G
RESPONDENT/STATE/CW1 :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
ERAVIPURAM POLICE STATION,
ERAVIPURAM . PO,
KOLLAM DISTRICT,
KERALA, PIN - 691 011.
3 PRADEEPKUMAR,
AGED 61 YEARS
S/O. PRAPHAKARAN,
KOONIYAZHIKAM VEEDU, MAYYANADU,
KOLLAM DISTRICT, PIN - 691 011.
SMT.SREEJA V., PP
BY ADV FATHIMA MAJEED
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 8970 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8970 of 2024
...................................................
Dated this the 30th 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 accused Nos.1 to 6 in C.C.No.1378/2024 on the files of
the Judicial First Class Magistrate Court-II, Kollam, arising out of Crime
No.361/2024 of Eravipuram Police Station, Kollam District, registered for
the offences punishable under Section 143, 147, 148, 294(b), and 427
r/w Section 149 of the Indian Penal Code, 1860 apart from Section 5 of
the Kerala Prevention of Damage to Private Property and Payment of
Compensation Act, 2019. The third respondent is the de facto
complainant.
3. According to the prosecution, the accused had on 05.03.2024 destroyed
the LED bulbs and lights, which was used for decoration of a temple
festival and shouted obscene words against the de facto complainant,
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CRL.MC NO. 8970 OF 2024
who sustained a loss of Rs.34,858/-, thereby committing the alleged
offenses.
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 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-A2 affidavit filed by the third respondent. The
learned Public Prosecutor has submitted that upon verification, it is
understood that the affidavit is genuine, and the de facto complainant
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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. Though the learned Public Prosecutor pointed out that the 3 rd accused is
involved in three other crimes committed in the year 2022 to 2024
which includes the offences punishable under section 307 and 326 IPC
and even POCSO cases, I am of the view that considering the nature of
the allegations in the present crime and the settlement entered into
between the parties, no purpose would be achieved by continuing the
prosecution.
Accordingly, all proceedings against the petitioners in C.C.No.1378/2024
on the files of the Judicial First Class Magistrate Court-II, Kollam, are
quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/01/11/2024
2024:KER:80921
CRL.MC NO. 8970 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
361/2024 OF ERAVIPURAM POLICE STATION, KOLLAM
ANNEXURE A2 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 24/10/2024
