Kerala High Court
Johny vs State Of Kerala on 13 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:70458
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
CRL.MC NO. 7299 OF 2024
CRIME NO.165/2019 OF NENMARA POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.531 OF 2019
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONERS/ACCUSED NOS.1 TO +:
1 JOHNY
AGED 45 YEARS
S/O.JOSEPH, THIRUTHAMPADAM, POTHUNDI, NENMARA,
PALAKKAD, PIN - 678508
2 ANIL
AGED 42 YEARS
S/O.VELAYUDHAN, CHETTITHARA, MATTUPPARA, NENMARA,
PALAKKAD, PIN - 678508
3 SARATH
AGED 28 YEARS
S/O.RAMAKRISHNAN, KALARICKAL VEEDU, VAKKAVU,
NENMARA, PALAKAKD, PIN - 678508
4 MOHANAN
AGED 63 YEARS
S/O.KRISHNAN, MUTHALAPPARA, NENMARA, PALAKKAD,
PIN - 678508
5 CHANDRAN
AGED 52 YEARS
S/O.KANDAN, CHERUMKAD, ALUVASSERY, NENMARA,
PALAKKAD, PIN - 678508
6 PRADEEP
AGED 29 YEARS
S/O.KITTU, KIZHAKKAMPADAM, VAKKAVU, NENMARA,
PALAKKAD, PIN - 678508
Crl.M.C.No. 7299 of 2024
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7 UNNILAL
AGED 29 YEARS
S/O.SURESH BABU, SOORYA NIVAS, VITHINASSERY,
NENMARA, PALAKKAD, PIN - 678508
8 SIVAN
AGED 58 YEARS
S/O.CHAMY, MATTAYI, NENMARA, PALAKKAD, PIN -
678508
9 RAHIM
AGED 29 YEARS
S/O.KUNJUKUTTY, NADAKKAVU, VITHINASSERY, NENMARA,
PALAKKAD, PIN - 678508
BY ADV T.J.MARIA GORETTI
RESPONDENTS/STATE AND DEFACTO COMPLAINANT & CWS.2-6:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 RADHAKRISHNAN
AGED 49 YEARS
S/O.APPU, PARAMADA VEEDU, MATTUPPARA, NENMARA,
PALAKKAD, PIN - 678508
3 SUHAIL
AGED 23 YEARS
S/O.ABDUL REHIMAN, KUNNAMKADU HOUSE, KODITHERUVU,
KAIRADY.P.O, PALAKKAD, PIN - 678508
4 RAMAN
AGED 56 YEARS
S/O.KARUMAN, ALUVASSERY, NENMARA, PALAKKAD, PIN -
678508
5 BABU.C.V
AGED 44 YEARS
S/O.VASU, EDIYAMPOTTA, KAIPAMCHERRY, PALAKKAD,
PIN - 678508
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6 HARIDAS
AGED 38 YEARS
S/O.RAMADAS, MUTHALAPPARA, NENMARA, PALAKKAD, PIN
- 678508
7 SUNIL.C.C
AGED 42 YEARS
S/O.CHACKO, CHENGAMANAD HOUSE, PUZHAKKALTHARA,
KANIMANGALAM, NENMARA, PALAKKAD, PIN - 678508
BY ADV V.A.JOHNSON (VARIKKAPPALLIL) - R2-R7
OTHER PRESENT:
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
13.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 7299 of 2024
2024:KER:70458
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7299 of 2024
...................................................
Dated this the 13th day of September, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528
of the Bharatiya Nagarik Suraksha Sanhitha, 2023 to quash all
proceedings against them.
2. Petitioners are accused Nos. 1 to 9 in C.C. No. 531/2019
on the files of the Judicial First Class Magistrate Court-I, Alathur,
arising out of Crime No.165/2019 of Nenmara Police Station,
registered for the offences under Sections 143, 147, 148, 341, 323
and 324 read with Section 149 of the Indian Penal Code, 1860.
Respondents 2 to 7 are the defacto complainant and the injured
witnesses.
3. According to the prosecution, the accused had on
21.04.2019, formed themselves into an unlawful assembly and after
restraining the defacto complainant and others, assaulted them and
thereby committed the offences alleged.
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4. Heard the learned counsel for the petitioners and the
learned counsel for the respondents, 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 2 to Annexure 7 affidavits filed
by respondents Nos.2 to 7. The learned Public Prosecutor has
submitted that upon verification, it is understood that the affidavits
are genuine, and the defacto complainant and other deponents
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stand 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 petitioners in
C.C. No. 531/2019 on the files of the Judicial First Class Magistrate
Court-I, Alathur, are quashed.
This Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Mms
2024:KER:70458
PETITIONERS ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN
C.C.NO.531/2019 OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE-I,
ALATHUR
ANNEXURE 2 THE AFFIDAVIT DATED 08.08.2024 SWORN BY
THE 2ND RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
ANNEXURE 3 THE AFFIDAVIT DATED 08.08.2024 SWORN BY
THE 3RD RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
ANNEXURE 4 THE AFFIDAVIT DATED 08.08.2024 SWORN BY
THE 4TH RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
ANNEXURE 5 THE AFFIDAVIT DATED 08.08.2024 SWORN BY
THE 5TH RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
ANNEXURE 6 THE AFFIDAVIT DATED 08.08.2024 SWORN BY
THE 6TH RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
ANNEXURE 7 THE AFFIDAVIT DATED 08.08.2024 SWORN BY
THE 7TH RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
