Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, CRL.MC NO. 1808 OF 2024 CRIME NO.139/2016 OF NARAKKAL POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1439 OF 2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL ................................................. PETITIONER/ACCUSED : 1 JAISON, AGED 52 YEARS S/O JOSEPH, CHELLATTU VEEDU, NEAR SOUTHERN SIDE OF LIGHT HOUSE, PUTHUVYPE VILLAGE, ERNAKULAM DISTRICT, PIN - 682 508. 2 VIPINAN, AGED 62 YEARS S/O SIDHARTHAN, 'KALARIKKAL VEEDU', NEAR SOUTHERN SIDE OF LIGHT HOUSE, PUTHUVYPE VILLAGE, ERNAKULAM DISTRICT., PIN - 682 508. BY ADVS. AADITHYAN S.MANNALI SAJAN MANNALI V.N.SHASHIKALA SANTHI K.PAI M.P.JAYAKUMAR HARITHA K.T. RESPONDENT/RESPONDENT/DE FACTO COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 SHYJU K T., AGED 51 YEARS S/O THAMKAPPAN, KAVUNGAL HOUSE, PUTHUVYPE VILLAGE, KOCHI TALUK, ERENAKULAM DISTRICT, PIN - 682 508. SMT. SREEJA V. (PP) SRI.B.JAYBAL -R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C. No.1808 of 2024 …................................................ Dated this the 27th 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 in C.C.No.1439/2016 on the files of the
Judicial First Class Magistrate Court, Njarakkal, arising out of Crime No.139/2016 of Njarakkal Police Station, registered for the offences punishable under Sections 294(b), 323, and 325 r/w Section 34 of the Indian Penal Code, 1860. The second respondent is the defacto complainant.
3. According to the prosecution, accused had on 22.01.2016 abused the de facto complainant, and assaulted 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 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-A3 affidavit filed by the second
respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the de facto 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. Accordingly, all proceedings against the petitioners in C.C.No.1439/2016 on the files of the Judicial First Class Magistrate Court, Njarakkal, are quashed. This Crl.M.C is allowed as above. sd/- BECHU KURIAN THOMAS JUDGE AMV/30/03/2024 APPENDIX OF CRL.MC 1808/2024 PETITIONER ANNEXURES ANNEXURE -A1 A CERTIFIED COPY OF THE FIR NO. 139/2016 OF NJARAKKAL POLICE STATION. ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT DATED 02/05/2016. ANNEXURE -A3 A TRUE COPY OF THE SAID AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 12.02.2024. TRUE COPY