Haskar vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 30, 2023

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Citation: sooperkanoon.com/1330585
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 30, 2023
Case Number: Crl.MC/152/2023

Parties & Advocates

Appellant / Petitioner

Haskar

Respondent

State of Kerala

Excerpt

.....against them.2. petitioner is the accused in c.c.no.1041/2018 on the files of the judicial magistrate of first class, malappurram registered for the offences under sections 341 and 324 of the indian penal code, 1860. 2 nd respondent is the defacto complainant. it is submitted that the matter has been settled, and the proceedings against the petitioner may be quashed.3. heard the learned counsel for the petitioner and the learned counsel for the defacto complainant apart from the learned public prosecutor.4. in gian singh v. state of punjab [(2012) 10 scc 303], theapex 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].5. i have perused annexure-a4 affidavit filed by the 2 nd respondent. the learned public prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defactocomplainant stands by the contents thereof. i am satisfied that the matter has been settled and no public interest is involved in this case. the continuance of the proceedings will only be an exercise in futility. further, there is no impediment for granting the prayer too.accordingly, all proceedings in c.c.no.1041/2018 on the files of the judicial magistrate of first class, malappurram are quashed. this crl.m.c is allowed. sd/- bechu kurian thomas, judge rkm appendix of crl.mc 152/2023 petitioner's annexures : annexure a1 certified copy of the fir in crime no. 909 of 2013 of the kottakkal police station, malappuram dated 29-10-2013 annexure a2 certified copy of the final report dated 1-11-2013 in crime no. 909 of 2013 annexure a3 certified copy of witness list in crime no. 909 of 2013 annexure a4 true copy of the affidavit dated 16-12-2022 of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 CC 1041/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM PETITIONER/ ACCUSED : HASKAR, AGED 41 YEARS, MACHINCHERI HOUSE, KOTTAKKAL P.O., MALAPPURAM, PIN - 676 503 BY ADVS. P.K.NIJOY C.PRABITHA REJOICE B.CHEMBAKASSERIL RESPONDENTS/ STATE AND DEFACTO COMPLAINANT : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031 2 MOIDEEN KUTTY, AGED 65 YEARS, POOLAKKAL HOUSE, KOTTAKKAL, KUTTIPPURAM P.O., MALAPPURAM, PIN - 679 571 BY SMT.SREEJA V., PUBLIC PROSECUTOR BY ADV.MAHESH V MENON THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :
BECHU KURIAN THOMAS, J.
-------------------------------- Crl.M.C.No.152 of 2023 --------------------------------- Dated this the 30th day of January, 2023

ORDER

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

2. Petitioner is the accused in C.C.No.1041/2018 on the files of the Judicial Magistrate of First Class, Malappurram registered for the offences under Sections 341 and 324 of the Indian Penal Code, 1860. 2 nd respondent is the defacto complainant. It is submitted that the matter has been settled, and the proceedings against the petitioner may be quashed.

3. Heard the learned counsel for the petitioner and the learned counsel for the defacto complainant apart from the learned Public Prosecutor.

4. 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].

5. I have perused Annexure-A4 affidavit filed by the 2 nd 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. The continuance of the proceedings will only be an exercise in futility. Further, there is no impediment for granting the prayer too.

Accordingly, all proceedings in C.C.No.1041/2018 on the files of the Judicial Magistrate of First Class, Malappurram are quashed. This Crl.M.C is allowed. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF CRL.MC 152/2023 PETITIONER'S ANNEXURES : Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 909 OF 2013 OF THE KOTTAKKAL POLICE STATION, MALAPPURAM DATED 29-10-2013 Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED 1-11-2013 IN CRIME NO. 909 OF 2013 Annexure A3 CERTIFIED COPY OF WITNESS LIST IN CRIME NO. 909 OF 2013 Annexure A4 TRUE COPY OF THE AFFIDAVIT DATED 16-12-2022 OF THE 2ND RESPONDENT

Same Court & Year Kerala · 2023 Same Parties Haskar vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas