Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 CRIME NO.19/2021 OF Chirayinkeezhu Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1676 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III, ATTINGAL (TEMPORARY) PETITIONER/S:
1 JOHNY AGED 28 YEARS S/O ALBI,KUTTIVILAKATHIL VEEDU, SOUTH ARAYATHURUTHI. 2 FRANCIS DILSON AGED 33 YEARS S/O DILSON,SHIJU MANDIRAM,NEAR FATIMA CONVENT SCHOOL 3 JUSTIN. A AGED 23 YEARS S/O ANIL JOSEPH,KADAVIL VEEDU, PUTHUKKARI CHIRAYINKEEZHU P.O.,THIRUVANANTHAPURAM -695304, PIN - 695304 4 SANAL. A AGED 25 YEARS S/O ANIL JOSEPH,KADAVIL VEEDU, PUTHUKKARI CHIRAYINKEEZHU P.O.,THIRUVANANTHAPURAM, PIN - 695304 BY ADVS. CHRISTINE MATHEW AISWARYA E J VETTIKOMPIL SEN C PUTHUPPARAMPIL
RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SHIBIN YESUDAS, AGED 30 YEARS S/ 0 YESUDAS RESIDING ATST MARYS HOUSE, NR CHOVVAZHCHA PALLI, SARKARA VILLAGE, THEKKE ARAYATHURUTHI, BY ADV ABESH ALOSIOUS OTHER PRESENT: SMT. SREEJA V. (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
==================== Crl.M.C.No.1618 of 2024 ===================== Dated this the 5th day of March, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
2. Petitioners are accused Nos.1 to 4 in C.C.No.1676/2021 on the files of the Judicial First Class Magistrate Court-III, Attingal arising
out of Crime No.19/2021 of Chirayinkeezhu Police Station,Thiruvananthapuram District registered for the offences under Sections 341, 324 amd 294(b) r/w Section 34 of the Indian Penal Code, 1860. The 2nd respondent is the defacto complainant.
3. According to the prosecution, the accused had, on 01.01.2021 assaulted the defacto complainant and abused him and thereby committed the offences alleged.
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 [(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 v. State of Punjab [(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.
9. Accordingly, all proceedings against the petitioners in C.C.No.1676/2021 on the files of the Judicial First Class Magistrate Court-III, Attingal are quashed. This Crl.M.C is allowed. sd/ BECHU KURIAN THOMAS JUDGE jm/ APPENDIX OF CRL.MC 1618/2024 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 19/2021 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 04.01.2021
Annexure A2 . A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 19/2021 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 08.04.2021 Annexure 3 . A DULY ATTESTED AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT HEREIN DATED 10.02.2024