Kerala High Court
Dhaneeshkumar vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 6538 OF 2024
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2024:KER:68104
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. 6538 OF 2024
CRIME NO.1239/2016 OF Anthikad Police Station, Thrissur
LPR NO.17 OF 2024 OF ASSISTANT SESSIONS COURT/I
ADDITIONAL SUB COURT, THRISSUR
PETITIONER/ ACCUSED :
DHANEESHKUMAR
AGED 37 YEARS
CHANASSERY HOUSE, KOOLIMUTTAM VILLAGE,
POKLAYI DESOM, THRISSUR DIST,
PIN - 680 691
BY ADVS.
V.T.RAGHUNATH
C.V.RAJALAKSHMI
RESPONDENT/ COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 AKHILESH
KUNJANDIVEETTIL, VALAPPAD VILLAGE,
THRISSUR DIST, PIN - 680567
BY ADV Adv. Devika Mohan
BY SMT. SREEJA V., PUBLIC PROSECUTOR
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. 6538 OF 2024
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2024:KER:68104
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.6538 of 2024
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Dated this the 6th day of September, 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 accused in L.P.R.No.17 of 2024 on the files of
the Assistant Sessions Court, Thrissur, arising out of Crime No.1239 of
2016 of Anthikad Police Station, Thrissur, registered for the offences
under Sections 341, 323, 324 and 308 r/w Section 34 of the Indian Penal
Code, 1860. 2nd respondent is the defacto complainant.
3. According to the prosecution, the accused had on 30.06.2016
restrained the defacto complainant and assaulted 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 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
CRL.MC NO. 6538 OF 2024
2024:KER:68104
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-6 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 petitioner in
L.P.R.No.17 of 2024 on the files of the Assistant Sessions Court, Thrissur
are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 6538 OF 2024
2024:KER:68104
PETITIONER'S ANNEXURES :
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT
INCLUSIVE OF MEMO OF EVIDENCE DATED
31.08.2016 FILED BEFORE THE JFCM II
THRISSUR
Annexure 2 TRUE COPY OF THE CERTIFIED COPY OF THE
DEPOSITION OF PW1 IN SC 68 OF 2017 DT.
17.06.23
Annexure 3 TRUE COPY OF THE CERTIFIED COPY OF THE
DEPOSITION OF PW2 (CW2) IN SC 68 OF 2017
DTD. 12.07.23
Annexure 4 TRUE COPY OF THE CERTIFIED COPY OF THE
DEPOSITION OF PW3 IN SC 68 OF 2017 DTD.
25.07.23
Annexure 5 A TRUE COPY OF THE CERTIFIED COPY OF THE
JUDGMENT IN SC 68 OF 2017 DATED 31.07.2023
OF THE IST ADDL ASST SESSIONS COURT
THRISSUR
Annexure 6 AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
AKHILESH DATED 26.07.2024
