Kerala High Court
Sanofar vs State Of Kerala on 13 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:70289
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. 7295 OF 2024
CRIME NO.1982/2021 OF FORT POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.472 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS -
II,THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
SANOFAR
AGED 40 YEARS
S/O MAITHEEN KANNU, TC-39/1164, BISMI NAGAR,
MANACADU WARD, MANACADU VILLAGE, FORT,
THIRUVANANTHAPURAM, PIN - 695009
BY ADV V.A.VINOD
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
FORT POLICE STATION, THIRUVANANTHAPURAM, PIN -
695023
3 JAMAL MUHAMMED SAINULABDEEN,
AGED 58 YEARS
S/O JAMAL MUHAMMED RESIDING AT TC 08/1502(1), SS
VILLA, NEAR CITY PALACE HOTEL, THIRUMALA,
THIRUVANANTHAPURAM, PIN - 695006
Crl.M.C.No.7295 of 2024
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2
BY ADV I.ARIF MUHAMMAD - R3
OTHER PRESENT:
SRI. NOUSHAD K. A. (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. 7295 of 2024
...................................................
Dated this the 13th 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 them.
2. Petitioner is the accused in C.C. No. 472/2022 on
the files of the Judicial First Class Magistrate Court-II,
Thiruvananthapuram, arising out of Crime No.1982/2021 of
Fort Police Station, registered for the offences under
Sections 188, 447, 427 and 268 read with Section 34 of the
Indian Penal Code, 1860. Third respondent is the defacto
complainant.
3. According to the prosecution, the accused had
on 25.10.2021 and 31.10.2021, trespassed into the
property of the defacto complainant and caused damages
to his windows to the tune of Rs.10,000/- and dumped fruit
waste into the property and thereby committed the
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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 offence 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 A4 affidavit filed by the
3rd respondent. The learned Public Prosecutor has submitted
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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
petitioners in C.C. No.472/2022 on the files of the Judicial
First Class Magistrate Court-II, Thiruvananthapuram, are
quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Mms
2024:KER:70289
PETITIONER'S ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION
REPORT IN CRIME NO. 1982/2021 OF FORT
POLICE STATION, THIRUVANANTHAPURAM
DATED 02.11.2021
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
C.C NO 472/2022 PENDING ON THE FILES OF
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, THIRUVANANTHAPURAM DATED
15.05.2022
ANNEXURE A3 TRUE COPY OF THE ORDER IN CRL MC NO
4550/202 DATED 12.08.2022
ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT SWORN IN
BY THE 3RD RESPONDENT DATED 22.08.2024
