Kerala High Court
Midhun vs State Of Kerala on 13 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:70315
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. 7182 OF 2024
CRIME NO.118/2018 OF KOLLENGODE POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.340 OF 2021
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,
PALAKKAD / III ADDITIONAL MACT, PALAKKAD
PETITIONER/ACCUSED 1 TO 3:
1 MIDHUN
AGED 26 YEARS
NEDUVELIKULAM, PANAGATTIRA, ELEVANCHERRY PALAKAD,
PIN - 678506
2 MANISH
AGED 31 YEARS
NEDUVELIKULAM, PANAGATTIRA, PALAKKAD, PIN -
678506
3 BHARATAN
AGED 35 YEARS
VAKKANILAYAM, ELEVANCHERRY ,PALAKKAD, PIN -
678506
BY ADVS.
ATHUL KRISHNA A.
ARJUN C BHASKAR
RESPONDENTS/STATE/DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
Crl.M.C.No.7182 of 2024
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2
2 DEEPAK
AGED 25 YEARS
NAYAKKATHARA PANGATTIRA, KOLLENGODE ,PALAKKAD,
PIN - 678506
BY ADV.SARATH M.S - R2
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.7182 of 2024
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3
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No. 7182 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 3 in S.C. No.
340/2021 on the files of the Additional Sessions Court - IV,
Palakkad, arising out of Crime No. 118/2018 of Kollengode
Police Station, registered for the offences under Sections
341, 323, 324, 326, and 308 read with Section 34 of the
Indian Penal Code, 1860. Second respondent is the defacto
complainant.
3. According to the prosecution, the accused had
on 08.02.2018, restrained the defacto complainant and
assaulted him, inflicting grievous injuries and thereby
committed the offences alleged.
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4. Heard the learned counsel for the petitioners
and the learned counsel for the respondent, 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 A4 affidavit filed by the
2nd respondent. The learned Public Prosecutor has submitted
that upon verification, it is understood that the affidavit is
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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 S.C. No. 340/2021 on the files of the
Additional Sessions Court -IV, Palakkad, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Mms
2024:KER:70315
PETITIONERS ANNEXURES
ANNEXURE A1 THE TRUE PHOTOCOPY OF FIR IN THE ABOVE
CRIME DATED 14/02/2018
ANNEXURE A2 THE TRUE PHOTOCOPY OF THE FINAL
REPORT/CHARGE IN S.C. NO. 340/2021 ON
THE FILES OF IV - ADDITIONAL DISTRICT
AND SESSION JUDGE OF PALAKKAD DATED
25/01/2019
ANNEXURE A3 THE TRUECOPY OF THE MEMORANDUM OF
EVIDENCE / WITNESS LIST IN C.C.NO.
118/2018 ON THE FILES OF IV -
ADDITIONAL DISTRICT AND SESSION JUDGE
OF PALAKKAD DATED 25/01/2019
ANNEXURE A4 2ND RESPONDENT HAS SWORN TO AN
AFFIDAVIT PROVING THE FACTUM OF
SETTLEMENT IN THE MATTER AND THE SAID
AFFIDAVIT DATED 28/07/2024
