Kerala High Court
Nikhil vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:68139
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. 7120 OF 2024
CRIME NO.56/2015 OF Attingal Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.817 OF 2017 OF
SPECIAL COURT-TRIAL OF OFFENCE UNDER SC/ST(POA)ACT1989,
NEDUMANGAD
PETITIONER/ACCUSED:
NIKHIL
AGED 45 YEARS
S/O NEELAKANDAN NAIR, PLAVILA VEEDU, MAMOM,
CHITTATTINKARA, KIZHUVILAM VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
BY ADV M.ABDUL RASHEED
RESPONDENT/STATE/DE-FACTO OCOMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION, ATTINGAL P.O.,
THIRUVANANTHAPURAM DISTRICT,, PIN - 695101
CRL.MC NO. 7120 OF 2024 2
2024:KER:68139
3 SAROJINI
AGED 69 YEARS
D/O SARADHA, PUTHENVEEDU, VALIYAKUNNU,
CHITTATTINKARA, KIZHUVILAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
BY ADVS.
SRI. A.MUHAMMED HASHIM-R3
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. 7120 OF 2024 3
2024:KER:68139
BECHU KURIAN THOMAS, J
.............................................
Crl.M.C. No. 7120 of 2024
.......................................................
Dated this the 6th day of September, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528 of the
Bharatiya Nagarik Suraksha Sanhitha, 2023, to quash all proceedings
against him.
2. Petitioner is the accused in S.C. No.817/2017 on the
files of the Special Court for Trial of Offence under SC/ST(POA) Act
Cases,1989, Nedumangad arising out of Crime No.56/2015 of Attingal
Police Station, Thiruvananthapuram, registered for the offences
punishable under Sections 427 and 447 of the Indian Penal Code, 1860
read with Section 3(1)(XI)(XIV) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989. The third respondent is the
de facto complainant.
3. According to the prosecution, the accused had
trespassed into the property of the de facto complainant and committe4d
mischief and called her by caste name, and thereby committed the
offences alleged.
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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 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 third
respondent. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and 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 petitioner in
S.C. No.817/2017 on the files of the Special Court for Trial of Offence
under SC/ST(POA) Act Cases,1989, Nedumangad , are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:68139
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. IN CRIME
NO.56/2015 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM DISTRICT DATED 12.1.2015
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
12.2.2016 IN S.C. NO.817/2017 NOW PENDING ON
THE FILE OF THE SC/ST (POA) ACT SPECIAL COURT,
NEDUMANGAD ALONG WITH THE COMMUNITY
CERTIFICATE, REPORT, STATEMENT OF THE
WITNESSES, MAHAZAR
ANNEXURE A3 ORIGINAL AFFIDAVIT DATED 8.8.2024 SWORN BY THE
3RD RESPONDENT/DE-FACTO COMPLAINANT
