Kerala High Court
Kalidas S/O Sasikumar vs State Of Kerala on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71346
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25 TH DAY OF SEPTEMBER 2024 / 3RD
ASWINA, 1946
CRL.MC NO. 6828 OF 2024
CRIME NO.275/2024 OF Kanakakunnu Police Station,
Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CR NO.275 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS- I, HARIPAD
PETITIONER/S:
1 KALIDAS S/O SASIKUMAR
AGED 22 YEARS
VENATTUSSERIL SOUPARNIKA, KUTHIRAPANDHI,
THAZHAVA, KOLLAM DIST., PIN - 690523
2 ANANDAKRISHNAN S/O RATHEESH KUMAR
AGED 23 YEARS
THAILAMTHARA VELIYIL, AVALUKKUNNU, ARYANADU
SOUTH, ALAPPUZHA DIST., PIN - 688006
3 ARJUN S/O SURESH
AGED 24 YEARS
ARJUN NIVAS, KANNITTAPARAMBU, AVALUKKUNNU,
ARYANADU SOUTH, ALAPPUZHA, PIN - 688006
4 HAREESH S/O MINI
AGED 23 YEARS
RAMA NILAYAM, AVALUKKUNNU, ARYANADU,
ALAPPUZHA DIST., PIN - 688006
Crl.M.C.No. 6828 of 2024
2024:KER:71346
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5 KAILAS S/O SASIKUMAR
AGED 28 YEARS
VEENATTUSSERIL SOUPARNIKA, KUTHIRAPANDHI,
THAZHAVA, KOLLAM DIST., PIN - 690523
BY ADV T.ASAFALI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KANAKAKUNNU POLICE STATION, POST KANAKAKUNNU,
ALAPPUZHA DIST. KERALA, PIN - 690506
3 VIMAL.V S/O VIJAYAN
AGED 31 YEARS
MOOLEKANDATHIL PUTHIYAVILA MURI, KANDALLOR,
ALAPPUZHA DIST., PIN - 690535
4 ANU S/O CHELLAPPAN
AGED 31 YEARS
VINU BHAVANAM. PUTHIYAVILA, KANDALLOR,
ALAPPUZHA DIST., PIN - 690535
BY ADV SUNI M.D.
OTHER PRESENT:
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No. 6828 of 2024
2024:KER:71346
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ORDER
Dated this the 25th day of September, 2024
Petitioners are accused 1 to 5 in CR No.275
of 2024 on the files of the Judicial Magistrate
of First Class-I, Haripad, arising out of Crime
No.275 of 2024 of Kanakakunnu Police Station,
Alappuzha. Initially, only petitioners 1 to 3
were arrayed as accused in the above crime and
the offences alleged were only those under
Sections 420 and 406 r/w Section 34 of the Indian
Penal Code, 1860.
2. Since the de facto complainant and the
victim had compounded the matter with
petitioners 1 to 3, the learned Magistrate, by
order dated 16.05.2024, acquitted the accused
under Section 320(8) of the Criminal Procedure
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Code. A copy of the order is produced as Annexure
A2. In the meantime, pursuant to a legal opinion
obtained by the investigating officer, further
investigation was commenced after submitting a
report to the court on 02.06.2024, since the
offence under Section 370 r/w Section 34 was also
seen to have been committed by the accused.
3. Petitioners have approached this Court
seeking to quash the proceedings in the
aforementioned crime, now pending on account of
the further investigation, alleging that the
disputes have been totally settled between the
parties.
4. The respondents 3 and 4 are the de facto
complainant and the victim, who have filed
Annexures A6 and A7 affidavits stating that they
have settled the dispute between themselves and
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that they have no interest to pursue the matter
further.
5. Learned Public Prosecutor, on
instructions, submitted that a statement has been
obtained from respondents 3 and 4, who affirmed
the contents of the affidavit produced before
this Court and also asserted that they still
stand by the contents of those affidavits. Apart
from the above, on a perusal of the allegations,
this Court finds it unable to comprehend as to
how the offence under Section 370 gets attracted
from the nature of allegations. In fact, the
ingredients of Section 370 of IPC are not
evident from the allegations. Therefore, there is
no public interest involved in the case.
6. In such circumstances, going by the
decisions in Gian Singh v. State of Punjab and
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Another [(2012) 10 SCC 303], 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], this Court is satisfied that the
proceedings can be quashed on the basis of the
settlement.
7. I have perused Annexures A6 and A7
affidavits filed by respondents 3 and 4. The
learned Public Prosecutor has submitted that upon
verification, it is understood that the
affidavits are genuine, and the defacto
complainant and the other deponents 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
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of the proceedings will only be an exercise in
futility.
Accordingly, all proceedings against the
petitioners in CR No.275 of 2024 on the files of
the Judicial Magistrate of First Class-I,
Haripad, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Scl/
2024:KER:71346
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR NO.
NO.0275/2024 OF KANAKAKUNNU POLICE
STATION DT.03/05/2024
Annexure A2 TRUE COPY OF THE ORDER OF ACQUITTAL
DT.16-5-2024 MADE BY THE HON'BLE
COURT OF JUDICIAL I CLASS MAGISTRATE
NO.I, HARIPPAD
Annexure A3 TRUE COPY OF THE REPORT DT.2-6-2024
MADE BY 2ND RESPONDENT BEFORE THE
HON'BLE COURT OF JUDICIAL I CLASS
MAGISTRATE NO.I HARIPPAD
Annexure A4 TRUE COPY OF THE REPORT DT.3-6-2024
MADE BY THE 2ND RESPONDENT TO THE
COURT OF JUDICIAL I CLASS MAGISTRATE
NO.I,HARIPPAD
Annexure A5 TRUE COPY OF THE LETTER DT.6-6-2024
FILED BY THE 2ND RESPONDENT TO THE
HON'BLE COURT OF JUDICIAL I CLASS
MAGISTRATE NO.I,HARIPPAD
Annexure A6 TRUE COPY OF THE SWORN AFFIDAVIT
DT.7-8-2024 OF 3RD RESPONDENT
Annexure A7 TRUE COPY OF THE SWORN AFFIDAVIT
DT.7-8-2024 OF 4TH RESPONDENT
