Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946 CRL.MC NO. 2380 OF 2024 CRIME NO.993/2015 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER DATED IN CC NO.723 OF 2016 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM PETITIONER: FAIZAL, AGED 28 YEARS, S/O JALEEL, JALEEL MANZHIL, MANIKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695 607 BY ADV BHARATH MOHAN RESPONDENTS: 1 THE STATE OF KERALA, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT., PIN - 682 031 2 ARJUN G KUMAR, AGED 27 YEARS S/O GOPAKUMAR, TC NO.36/905, CRA-198, CHEMPAKASSERY, PETTAH, THIRUVANANTHAPURAM DISTRICT, PIN - 695 024 3 THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695011 BY ADV P.SHANES METHAR OTHER PRESENT: SREEJA V. (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J ......….................................... Crl.M.C. No.2380 of 2024 ….................................................... Dated this the 28th day of May, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
2. Petitioner is the first accused in C.C.No.723/2016 on the files of
Additional Chief Judicial Magistrate Court, Thiruvananthapuram, arising out of Crime No.993/2015 of Medical College Police Station, Thiruvananthapuram registered for the offences punishable under Sections 143, 147, 148, 149, 294(b), 323, 326 and 324 of the Indian Penal Code, 1860. The second respondent is the de facto complainant.
3. According to the prosecution, accused had on 20.07.2015 formed themselves into an unlawful assembly and assaulted the de facto complainant inflicting grievous injuries 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-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 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.
8. Accordingly, all proceedings against the petitioner in C.C.No.723/2016 on
the files of Additional Chief Judicial Magistrate Court, Thiruvananthapuram, arising out of Crime No.993/2015 of Medical College Police Station, Thiruvananthapuram are quashed. This Crl.M.C is allowed as above. sd/- BECHU KURIAN THOMAS JUDGE AMV/01/06/2024
APPENDIX OF CRL.MC 2380/2024 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT DATED 30.03.2016. ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 993/2015 DATED 26.07.2015. ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT DATED 06.06.2022 SWORN BY THE 2ND RESPONDENT. ANNEXURE A4 A TRUE COPY OF THE JUDGEMENT IN CRL MC NO. TRUE COPY