Kerala High Court
Suhail vs State Of Kerala on 13 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:70456
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. 7210 OF 2024
CRIME NO.1480/2014 OF ERAVIPURAM POLICE STATION, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.18 OF 2015
OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSED NO 1 & 2:
1 SUHAIL
AGED 30 YEARS
MALIKAVAYAL PURAYIDATHIL KTN NAGAR 336
VADAKKEVILA CHERIYIL VDAKKEVILA VILLAGE KOLLAM
DISTRICT, PIN - 691010
2 VISHNU
AGED 32 YEARS
PURATHUVADAKKATHIL VEEDU AAYIRAMTHENGUCHERIYIL
MAYYANAD VILLAGE MAYYAND P.O KOLLAM DISTRICT, PIN
- 691303
BY ADV VIDYA G NAIR
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 AJMAL
AGED 27 YEARS
S/O SHAJAHAN MUZHANGODIYIL VEEDU PATTARUMUKKU
UMAYANALLOOR MAYYANAD VILLAGE THAZHUTHALA P.O
KOLLAM DISTRICT, PIN - 691589
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2
BY ADV ANANDAKRISHNAN .S - R2
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:
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3
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No. 7210 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 and 2 in C.C. No.
18/2015 on the files of the Judicial First Class Magistrate
Court-II, Kollam, arising out of Crime No.1480/2014 of
Eravipuram Police Station, registered for the offences under
Sections 323, 324 and 341 read with Section 34 of the
Indian Penal Code, 1860. Second respondent is the defacto
complainant.
3. According to the prosecution, the accused had
restrained the defacto complainant and assaulted him and
thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners
and the learned counsel for the respondent, apart from the
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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. Though the learned Public Prosecutor pointed out
that the 2nd petitioner is involved in ten other crimes, on a
perusal of the nature of the crimes, it is noticed that all
those crimes except one are under Sections 323 and 324.
Apart from the above, considering the nature of allegations
in the instant case, I am of the view that no purpose would
be achieved by continuing the prosecution.
7. 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
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Yogendra Yadav and Others v. State of Jharkhand
and Another [(2014) 9 SCC 653].
8. I have perused Annexure A3 affidavit filed by the
2nd 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.
9. Accordingly, all proceedings against the
petitioners in C.C. No. 18/2015 on the files of the Judicial
First Class Magistrate Court-II, Kollam, are quashed.
This Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Mms
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PETITIONERS ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO
1480/2014 REGISTERED BY ERAVIPURAM
POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT -II, KOLLAM
ANNEXURE A3 ORIGINAL AFFIDAVIT SWORN BY THE DEFACTO
COMPLAINANT ON 25TH MAY 2024
