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 CRIME NO.85/2021 OF Pandikad Police Station, Malappuram AGAINST THE ORDER/JUDGMENTSC 1145/2021 OF SUB COURT / COMMERCIAL COURT, MANJERI PETITIONERS/ACCUSED 1 & 2: 1 ANEES AGED 41 YEARS 2 ILLYAS AGED 39 YEARS P.K.NIJOY C.PRABITHA REJOICE B.CHEMBAKASSERIL RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 ANWAR SADIK V.P. AGED 38 YEARS VALIYAPEEDIYEKKAL HOUSE, VALIYANGADI, PERINTHALMANNA P.O., MALAPPURAM, PIN - 679322 PUBLIC PROSECUTOR MAHESH V MENON PP-SMT.V. SREEJA 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. 214 of 2023 ---------------------------------------- Dated this the 30th day of January, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482 of Cr.P.C. to quash all proceedings against them.
2. Petitioners are accused Nos. 1 and 2 in S.C.No.1145/2021 on
the files of the Assistant Sessions Court, Manjeri, registered for the offences under Sections 323, 324, 294(b) and 308 r/w Section 34 of the Indian Penal Code, 1860. It is submitted that the matter has been settled and the criminal proceedings against the petitioners may be quashed.
3. Heard Adv.Nijoy P.K., the learned counsel for the petitioners and Adv.Mahesh V. Menon, the learned counsel for the defacto complainant/2nd respondent apart from Smt.V.Sreeja, 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 the Annexure-A4 affidavit filed by defacto
complainant/2nd 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 S.C.No.1145/2021 on the files of the Assistant Sessions Court, Manjeri are quashed. This Crl.M.C.is allowed. Sd/- BECHU KURIAN THOMAS JUDGE AJM/30/1/23 APPENDIX OF CRL.MC 214/2023 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FIR IN CRIME NO. 85 OF 2021 OF THE PANDIKKAD POLICE STATION, MALAPPURAM DATED 8-4-2021. Annexure2 CERTIFIED COPY OF THE FINAL REPORT DATED 30-7-2021 IN CRIME NO. 85 OF 2021. Annexure A3 CERTIFIED COPY OF WITNESS LIST IN CRIME NO. 85 OF 2021. Annexure A4 TRUE COPY OF THE AFFIDAVIT DATED 2-12- 2022 OF THE 2ND RESPONDENT. //TRUE COPY//