Kerala High Court
Hariharan vs State Of Kerala on 30 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:80876
CRL.MC NO. 8549 OF 2024
1
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. 8549 OF 2024
CRIME NO.101/2023 OF VADAKKANCHERRY POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.290 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR
................................
PETITIONER/ACCUSED :
HARIHARAN, AGED 46 YEARS
S/O KUNJUNNI, VAYARAMKODE VEEDU,
VADAKKENCHERRY, KAMMAMTHARA
PALAKKAD, PIN - 678 686.
BY ADVS.
SARATH M.S.
ATHUL KRISHNA A.
RESPONDENT/STATE/DE FACTO COMPLAINANT/INJURED :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 DHANOOP, AGED 38 YEARS
S/O DEVACHANDRAN, ANAKKAPARAMBIL VEEDU,
PANTHALAMPADAM, VADAKKENCHERRY,
PALAKKAD, PIN - 678 686.
SMT.SREEJA V., PP
SRI.GOKUL DAS.S., R2
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. 8549 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8549 of 2024
...................................................
Dated this the 30th 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.290/2023 on the files of the
Judicial First Class Magistrate Court, Alathur, arising out of Crim
No.101/2023 of Vadakkencherry Police Station, registered for the
offences under Sections 323, 324, 294(b), and 506(ii) of the Indian
Penal Code, 1860. The second respondent is the defacto complainant.
3. According to the prosecution, the accused had on 27.09.2022
assaulted the de facto complainant after abusing him 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.
5. The learned counsel for the petitioner submitted that the matter has
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CRL.MC NO. 8549 OF 2024
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-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.
8. Accordingly, all proceedings against the petitioner in C.C.No.290/2023
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CRL.MC NO. 8549 OF 2024
on the files of the Judicial First Class Magistrate Court, Alathur, are
quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/01/11/2024
2024:KER:80876
CRL.MC NO. 8549 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF FIR IN THE CRIME NO.101 OF
2023 DATED 02/02/2023.
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT/CHARGE IN
C.C. NO. 290/2023 ON THE FILES OF JFCM
COURT, ALATHUR DATED 18/04/2023.
ANNEXURE A3 THE 2ND RESPONDENT HAS SWORN TO AN
AFFIDAVIT OF SETTLEMENT IN THE MATTER DATED
26/09/2024.
