Kerala High Court
Vishnu Pankajakshan vs State Of Kerala on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71314
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. 7287 OF 2024
CRIME NO.235/2022 OF Vadakkancherry Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.397 OF
2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONER/S:
1 VISHNU PANKAJAKSHAN
AGED 29 YEARS
S/O. PANKAJAKSHAN KATTUNGAL HOUSE, ANTOPURAM,
OKKAL P.O., CHELAMATTOM (PART), ERNAKULAM
DISTRICT, PIN - 683550
2 SWARAJ P. S.
AGED 29 YEARS
S/O. SURENDRAN P. K., PAZHAYIDATH HOUSE,
KIDANGOOR P.O., THURAVOOR, ERNAKULAM
DISTRICT, PIN - 683572
BY ADVS.
JERRY PETER
VIGNESH S.
ARUN KUMAR K.P.
NAYANA VARGHESE
AHAMMAD SACHIN K.
Crl.M.C.No.7287 of 2024
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-2-
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, PIN - 682031
2 ELDHO K. P.
AGED 52 YEARS
S/O. POULOSE K. I., KARIMBINKALAYIL HOUSE,
KANTHALAM, KAIRADY P.O., PALAKKAD DISTRICT,
PIN - 678510
BY ADVS.
NAMITHA GEORGE
GANESH CHANDRAN S.
OTHER PRESENT:
SRI. NOUSHAD K. A. (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.7287 of 2024
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ORDER
Dated this the 25th day of September, 2024
Petitioners have invoked the jurisdiction
under Section 528 of BNSS, 2023 to quash all
proceedings against them.
2. Petitioners are accused 1 and 2 in C.C.
No.397 of 2022 on the files of the Judicial
Magistrate of First Class, Alathur, arising out
of Crime No.235 of 2022 of Vadakkancherry Police
Station, Palakkad, registered for the offences
under Sections 341, 323 and 324 r/w Section 34 of
the Indian Penal Code, 1860. The 2nd respondent is
the de facto complainant.
3. According to the prosecution, the accused
had on 17.03.2022 assaulted the defacto
complainant after restraining him and thereby
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committed the offences alleged.
4. Heard the learned counsel for the
petitioners and the learned counsel for the
respondents, 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
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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 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.
8. Accordingly, all proceedings against the
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petitioners in C.C. No.397 of 2022 on the files
of the Judicial Magistrate of First Class,
Alathur are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Scl/
2024:KER:71314
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT IN CRIME
NO.235/2022 OF VADAKKENCHERRY POLICE
STATION DATED 18.03.2022
Annexure A2 THE CERTIFIED COPY OF THE FINAL
REPORT DATED 30.04.2022 IN
C.C.NO.397/2022 ON THE FILE OF
HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT, ALATHUR ARISING
OUT OF CRIME NO.235/2022 OF
VADAKKANCHERY POLICE STATION
Annexure A3 THE TRUE COPY OF THE AFFIDAVIT SWORN
BY THE 2ND RESPONDENT/DEFACTO
COMPLAINANT DATED 23.08.2024
