Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 CRIME NO.8/2024 OF Harippad Police Station, Alappuzha PETITIONER/ACCUSED: VIJAYAN AGED 56 YEARS SON OF PRABHAKARAN, RESIDING AT PRABHALAYAM, NEAR ANANTHAPURAM PALACE, KUMARAPURAM VILLAGE, ALAPPUZHA DISTRICT, PIN - 690516 BY ADVS. T.MADHU C.R.SARADAMANI RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER HARIPAD POLICE STATION, ALAPPUZHA DISTRICT, PIN - 690514 3 P.ASHOKAN AGED 63 YEARS S/O. PRABHAKARAN, RESIDING AT KALATHIL HOUSE, AARATTUPUZHA, AARATTUPUZHA P.O., ALAPPUZHA DISTRICT, PIN - 690515 R1 & R2 BY ADV.SRI. NOUSHAD K.A.(PP) R3 BY ADV.SRI. B.K. RAJAGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
----------------------------------------- Crl.M.C. No. 465 of 2024 ---------------------------------------- Dated this the 1st day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against him.
2. Petitioner is the accused in Crime No. 8 of 2024 of
Harippad Police Station, Alappuzha registered for the offences under Sections 323 and 308 of the Indian Penal Code, 1860. Third respondent is the defacto complainant.
3. According to the FIR, the accused, who is the younger brother of the defacto complainant had on 21-07-2023 attcked him with an iron rod and thereby committed the 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 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 A2 affidavit filed by the 3 rd
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 petitioner in
Crime No. 8 of 2024 of Harippad Police Station, Alappuzha are quashed. This Crl.M.C is allowed as above. BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 465/2024 PETITIONER’S ANNEXURES: ANNEXURE-A1 THE TRUE COPY OF THE FIR DATED HARIPAD POLICE STATION; ALAPPUZHA DISTRICT ANNEXURE-A2 THE AFFIDAVIT DATED 11/1/2024 SWORN IN BY THE THIRD RESPONDENT RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE