Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946 CRIME NO.383/2024 OF Ernakulam North Police Station, Ernakulam PETITIONERS/ACCUSED 1 TO 3:
1 NAVAL S/O SAJEEVAN P.K, KRISHNA NIVAS HOUSE, MEMUNDA PO, VADAKARA, CALICUT, PIN - 673104 2 PRANAV S/O PRADEEP, KUTTIYIAL HOUSE, CHEMMARATHUR PO, VATAKARA, CALICUT, PIN - 673104 3 SHEFIN YOUSUF AGED 41 YEARS S/O YOUSUF, HASEENA MANZIL, KARYAKATT HOUSE, JANAKEEYA ROAD, ELAMAKARA, ERNAKULAM, PIN - 682026 BY ADVS. K.JAYESH MOHANKUMAR PUSHPARAJAN KODOTH VANDANA MENON VIMAL VIJAY
RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 MUHAMMED SHAMAS @ MUHAMMED SHAHARAS. N AGED 22 YEARS S/O SHAMSUDHEEN, NALAKATH HOUSE, NEAR KUNJERI JUMA MASJID, KANILERI, MALOOR PANCHAYATH, THALASSERY, KANNUR, PIN - 670702 BY ADV REBIN VINCENT GRALAN OTHER PRESENT: SRI. M.C. ASHI (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
----------------------------------------- Crl.M.C. No. 2552 of 2024 ---------------------------------------- Dated this the 2nd day of April, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.
2. Petitioners are accused Nos. 1 to 3 in Crime No. 383 of
2024 of Ernakulam North Police Station, registered for the offences under Sections 294(b), 323, 342, 365 and 506 r/w Section 34 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.
3. According to the prosecution, the accused had on 03-03-2024 abducted the defacto 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 B affidavit filed by the 3rd
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 petitioners in
Crime No. 383 of 2024 of Ernakulam North Police Station are quashed. This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 2552/2024 PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE F.I.R. IN CRIME NO. 383/2024 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT DATED 04.03.2024 Annexure B A TRUE COPY OF THE AFFIDAVIT DATED 09.03.2024 FILED BY THE 2ND RESPONDENT TRUE COPY