Jagan vs State of Kerala

JAGAN vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 06, 2024

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Citation: sooperkanoon.com/1323877
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jun 06, 2024
Case Number: Crl.MC/3618/2024

Parties & Advocates

Appellant / Petitioner

JAGAN

Respondent

State of Kerala

Excerpt

.....house,kundannoor, desom chittanda village, thrissur district, pin - 680 590. 3 akash sharma, aged 20 years s/o dinesh sharma, thaikkad house, alankode, malappuram district, pin - 679 585. by adv sumodh madhavan nair respondent/state & defacto complainant :1 state of kerala represented by public prosecutor, high court of kerala (crime no. 127 of 2022 of kunnamkulam police station, thrissur district), pin - 682 031. 2 station house officer kunnamkulam police station, thrissur district, pin - 680 503. 3 santhosh, aged 22 years s/o.sathyan, panthirayil house, perumannu, kechery desom, eranellur village, kunnamkulam thrissur district, pin - 680 501. sreeja v(pp) t.a prakash for r3this criminal misc. case having come up for admission on 06.06.2024, the court on the same day passed the following: bechu kurian thomas, j ......…............................................. crl.m.c.no.3618 of 2024 …................................................ dated this the 6th day of june, 2024orderpetitioners have invoked the jurisdiction under section 482 cr.p.c to quash all proceedings against them.2. petitioners are accused 1 to 3 in s.c.no.1454/2022 on the filesof the assistant sessions court, chavakkad, arising out of crime no.127/2022 of kunnamkulam police station, thrissur registered for the offences punishable under sections 341, 324, 323, and 308 r/w section 34 of the indian penal code, 1860. the third respondent is the de facto complainant.3. according to the prosecution, on 20.01.2022 accused had restrained 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 matterhas 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.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF JUNE 2024/16TH JYAISHTA, 1946 CRIME NO.127/2022 OF KUNNAMKULAM POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1454 OF 2022 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, CHAVAKKAD PETITIONER/ACCUSED NOS.1 TO 3 : 1 JAGAN, AGED 21 YEARS S/O.JAYAN, THAZHATH VALAPPIL HOUSE, VELLARAKAD DESOM, KADANGODE VILLAGE, THRISSUR DISTRICT, PIN - 680 584. 2 ADARSH, AGED 21 YEARS S/O MANOJ, VELLAKKUNNU HOUSE,KUNDANNOOR, DESOM CHITTANDA VILLAGE, THRISSUR DISTRICT, PIN - 680 590. 3 AKASH SHARMA, AGED 20 YEARS S/O DINESH SHARMA, THAIKKAD HOUSE, ALANKODE, MALAPPURAM DISTRICT, PIN - 679 585. BY ADV SUMODH MADHAVAN NAIR RESPONDENT/STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA (CRIME NO. 127 OF 2022 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT), PIN - 682 031. 2 STATION HOUSE OFFICER KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT, PIN - 680 503. 3 SANTHOSH, AGED 22 YEARS S/O.SATHYAN, PANTHIRAYIL HOUSE, PERUMANNU, KECHERY DESOM, ERANELLUR VILLAGE, KUNNAMKULAM THRISSUR DISTRICT, PIN - 680 501. SREEJA V(PP) T.A PRAKASH FOR R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C.No.3618 of 2024 …................................................ Dated this the 6th day of June, 2024

ORDER

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

2. Petitioners are accused 1 to 3 in S.C.No.1454/2022 on the files

of the Assistant Sessions Court, Chavakkad, arising out of Crime No.127/2022 of Kunnamkulam Police Station, Thrissur registered for the offences punishable under Sections 341, 324, 323, and 308 r/w Section 34 of the Indian Penal Code, 1860. The third respondent is the de facto complainant.

3. According to the prosecution, on 20.01.2022 accused had restrained 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 third

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 S.C.No.1454/2022 on the files of the Assistant Sessions Court, Chavakkad, are quashed. This Crl.M.C is allowed as above. sd/- BECHU KURIAN THOMAS JUDGE AMV/07/06/2024 APPENDIX OF CRL.MC 3618/2024 PETITIONER ANNEXURES

ANNEXURE A1               A CERTIFIED COPY OF THE FIR EVIDENCING
                          THE   PROSECUTION   CASE  IN   CRIME   NO
                          FOR   THE   OFFENCES   PUNISHABLE   UNDER

SECTIONS 143,147,148,341,323,324,308 R/W 149 OF IPC AND DATED 20/01/2022. ANNEXURE A2 A CERTIFIED COPY OF THE CHARGE SHEET (FINAL REPORT) IN CRIME NO 127/2022 OF KUNNAMKULAM POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTIONS 341,323,324,308 R/W 34 OF IPC, PENDING CONSIDERATION BEFORE THE HON'BLE ASSISTANT SESSIONS COURT, CHAVAKKAD, THRISSUR DISTRICT (SUB COURT) DATED ANNEXURE A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT DATED TRUE COPY

Same Court & Year Kerala · 2024 Same Parties JAGAN vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas