Kerala High Court
Madnan, S/O Mahin vs Sajin S, S/O Subhash on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67960
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 5978 OF 2024
CRIME NO.935/2016 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.276 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA
PETITIONERS/ACCUSED:
1 MADNAN,
S/O MAHIN
AGED 34 YEARS
AL MADEENA, BUNGLAVEMUKKU, VARKALA VILLAGE, KURAKKANNI,
VARKALA P.O, THIRUVANANTHAPURAM, PIN - 695141
2 AL AMEEN,
S/O JAFARKUTTY
AGED 34 YEARS
AL-SABIL, KURAKKANNI, VARKALA P.O, THIRUVANANTHAPURAM,
PIN - 695141
3 AJMAL HASSAN,
S/O HUSSAIN
AGED 33 YEARS
KOCHUVARIL VEEDU, KURAKKANNI, VARKALA VILLAGE, VARKALA
P.O, THIRUVANANTHAPURAM, PIN - 695141
4 SUFIAN,
S/O SULPHIKKAR
AGED 28 YEARS
SAFALA MANZIL, VILAKULAM, KURAKKANNI, VARKALA VILLAGE,
VARKALA P.O, THIRUVANANTHAPURAM, PIN - 695141
CRL.MC NO. 5978 OF 2024 2
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5 NIHAS,
S/O SHIHABUDEEN
AGED 31 YEARS
SULTHAN MANZIL, KURAKKANNI, VARKALA VILLAGE, VARKALA
P.O, THIRUVANANTHAPURAM, PIN - 695141
BY ADVS.
DIPU.R
ANSU SARA MATHEW
RESPONDENTS/DE-FACTO COMPLAINANT/COMPLAINANT/STATE:
1 SAJIN S,
S/O SUBHASH
AGED 36 YEARS
ROHINI, NEAR HELIPAD, KURAKKANI, VARKALA P.O,
THIRUVANANTHAPURAM, PIN - 695141
2 THE STATION HOUSE OFFICER [SHO], VARKALA POLICE STATION
VARKALA P.O, THIRUVANANTHAPURAM, PIN - 695141
3 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
4 ELIAS BASHA,
S/O FAISY
THODIYAIL VEEDU, KURAKKANI, VARKALA P.O, AYIROOR,
THIRUVANANTHAPURAM [IMPLEADED AS ADDITIONAL RESPONDENT
NO.4 AS PER ORDER DATED 29/07/2024 IN CRL.M.A NO.2/2024
IN CRL.M.C. NO.5978/2024]
BY ADVS.
SMT. DHANYA BABU-R1 AND R2
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5978 OF 2024 3
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BECHU KURIAN THOMAS, J
.............................................
Crl.M.C. No.5978 of 2024
.......................................................
Dated this the 6th day of September, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 of
the Code of Criminal Procedure,1973, to quash all proceedings against
them.
2. Petitioners are accused in C.C. No.276/2017, on the
files of the Judicial First Class Magistrate Court-I, Varkala, arising out of
Crime No.935/2016 of Varkala Police Station, Thiruvananthapuram,
registered for the offences punishable under Sections 143, 147, 149,
294(b), 323, 324, 341 and 506(ii) 149 of the Indian Penal Code, 1860.
The first respondent is the de facto complainant.
3. According to the prosecution, the accused had on
08.04.2016, formed themselves into an unlawful assembly and
assaulted the de facto complainant, and thereby committed the offences
alleged.
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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-A3 affidavit filed by the first
respondent. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and the de facto
complainant stands by the contents thereof. I am satisfied that the
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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.276/2017, on the files of the Judicial First Class Magistrate
Court-I, Varkala, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
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PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.935/2016 OF VARKALA POLICE
STATION DATED 18.05.2016
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT DATED
04.03.2017 IN C.C. NO: 276/2017 ON THE FILE
OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,
VARKALA ARISING OUT OF CRIME NO.935/2016 OF
VARKALA POLICE STATION
ANNEXURE A3 AFFIDAVIT SWORN BY THE 1ST RESPONDENT/
DEFACTO COMPLAINANT DATED 21.06.2024
ANNEXURE A4 THE AFFIDAVIT DATED 22/07/2024 OF THE 4TH
RESPONDENT
