Baiju K B vs Praveen Prakashan
2024 Latest Caselaw 27818 Ker

Kerala High Court

Baiju K B vs Praveen Prakashan on 13 September, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                               2024:KER:70302
           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. 7142 OF 2024

 CRIME NO.759/2024 OF CHALAKKUDY POLICE STATION, THRISSUR

        AGAINST THE ORDER/JUDGMENT DATED 19.07.2024 IN CRMC

NO.998 OF 2024 OF DISTRICT COURT & SESSIONS COURT,THRISSUR

PETITIONERS/ACCUSED 1 TO 3:

    1      BAIJU K B
           AGED 33 YEARS
           S/O BALAN K C, KAIPPARA HOUSE, URUMBANKUNNU, V R
           PURAM P.O, POTTA, THRISSUR, KERALA, PIN - 680722

    2      SREEJITH K R
           AGED 31 YEARS
           S/O RAVI KOZHEKADAN HOUSE URUMBANKUNNU CHALAKUDY
           POTTA S.O THRISSUR, KERALA, PIN - 680722

    3      VIVEK P S
           AGED 29 YEARS
           S/O SURESH P P, PAPPATH HOUSE, POTTA, THRISSUR,
           KERALA, PIN - 680722


           BY ADVS.
           MANUMON A.
           JAYAN KUTTICHAKKU




RESPONDENTS/DE FACTO COMPLAINANT:

    1      PRAVEEN PRAKASHAN
           S/O PRAKASHAN, NJAREKADAN HOUSE, PULIPPARAKUNNU
           DESOM, KODAKARA VILLAGE, CHALAKUDY TALUK,
           THRISSUR, PIN - 680684
 Crl.M.C.No. 7142 of 2024


                                                2024:KER:70302
                                2

     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031


             BY ADV DINESH G WARRIER


OTHER PRESENT:

             SRI. C.N. PRABHAKARAN (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. 7142 of 2024


                                                     2024:KER:70302
                                    3

                BECHU KURIAN THOMAS, J
          ......................................................
                 Crl.M.C.No. 7142 of 2024
            ...................................................
       Dated this the 13th day of September, 2024


                                 ORDER

The Petitioners are accused Nos. 1 to 3 in Crime No.

759/2024 of Chalakudy Police Station, registered for the

offences under Sections 341, 324 and 307 read with Section

34 of the Indian Penal Code, 1860.

2. Though the petitioners seek to quash the F.I.R on

the basis of the alleged settlement entered into with the

defacto complainant, this Court notices that the crime is

only at the investigation stage and the offence under

Section 307 of the Indian Penal Code has been

incorporated.

3. In the decision in Gian Singh v. State of

Punjab and Another [(2012) 10 SCC 303], the Supreme

Court has categorically observed that non compoundable

offences can be quashed by invoking the power under

Section 482 of the Code of Criminal Procedure. However,

2024:KER:70302

an exception has been covered in respect of heinous

offences where it is stated that the power ought not be

exercised unless the uncontroverted allegations do not

make out such an offence. Even in that regard, it is

observed that such offences ought not to be quashed

during the stage of investigation.

4. Since the present crime was registered only on

19.06.2024 and the investigation is still continuing, I am of

the view that this is not a fit case to quash the proceedings

on the basis of the alleged settlement.

Accordingly, this Crl.M.C. is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE

Mms

2024:KER:70302

PETITIONERS ANNEXURES

ANNEXURE A1 A TRUE COPY OF THE FIR AND FIS IN CRIME NO. 759 OF 2024 OF CHALAKUDY POLICE STATION, THRISSUR DISTRICT DATED 19.06.2024

ANNEXURE A2 A TRUE COPY OF THE NOTARIZED AFFIDAVIT BY THE DE FACTO - COMPLAINANT FILED BEFORE THE HON'BLE DISTRICT AND SESSIONS COURT, THRISSUR DATED 11.07.2024

ANNEXURE A3 THE ORIGINAL NOTARY ATTESTED AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT IN THIS CRL. M. C. AND DATED 12.08.2024