M.R Vimal vs Adarsh

Type Court Judgment Court Kerala Decided Jan 30, 2023

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Citation: sooperkanoon.com/1331600
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 30, 2023
Case Number: Crl.MC/316/2023

Parties & Advocates

Appellant / Petitioner

M.R Vimal

Respondent

Adarsh

Excerpt

.....are accused nos.1 and 2 in c.c.no.1985/2021 on thefiles of the judicial magistrate of first class - i, chengannoor registered for the offences under sections 341 and 323 r/w section 34 of the indian penal code, 1860. respondents 1 and 2 are the defacto complainant and the injured witness. it is submitted that the matter has been settled, and the criminal proceedings against the petitioners may be quashed.3. heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned public prosecutor.4. in gian singh v. state of punjab and another [(2012) 10scc 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].5. i have perused annexure b and annexure c affidavits filed byrespondents 1 and 2. the learned public prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponent stand 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.1985/2021 on the files of the judicial magistrate of first class - i, chengannoor are quashed. this crl.m.c is allowed. sd/- bechu kurian thomas, judge rkm appendix of crl.mc 316/2023 petitioners' annexures : annexure a certified copy of final charge was filedand taken on file of the judicial first class magistrate court -i, chenganoor as cc no. 1985/2021 arising from crime no. annexure b affidavit of the 1st respondent stating that he.....

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 1985/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHENGANNUR

PETITIONERS/ ACCUSED NOS.1 TO 2 : 1 M.R VIMAL, AGED 26 YEARS, S/O RAJARAM, MARANGATTUTHARA HOUSE, NJARACKAL, ERNAKULAM, PIN - 682 505 2 ABHIJITH N.M., AGED 26 YEARS, S/O. RATHNAKARAN, OTTIRIMETHAL HOUSE, CHEMMALATHUR, KUTTIKATTUR VILLAGE, KOZHIKODE, PIN - 673 008 BY ADVS. M.H.HANIS T.N.LEKSHMI SHANKAR P.M.JINIMOL RESPONDENTS/ DEFACTO COMPLAINANT & STATE : 1 ADARSH, AGED 25 YEARS, S/O. ASHOKAN, THAZHATHTH VEETTIL, KIZHAKKUMPARAMBIL VILLAGE, MANNOOR TALUK, PALAKKAD DISTRICT, PIN - 678 642

2 TEJAS K., AGED 25 YEARS, S/O. KUMARJI, SREENIKETHAN HOUSE, HNRWA:65-C, HARITA NAGAR, VAYALIKADA, VATTIYURKKAVU P.O., THIRUVANATHAPURAM, PIN - 695 013 3 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031 BY ADV P.A.MUJEEB BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR 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.316 of 2023 --------------------------------- Dated this the 30th day of January, 2023

ORDER

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

2. Petitioners are accused Nos.1 and 2 in C.C.No.1985/2021 on the

files of the Judicial Magistrate of First Class - I, Chengannoor registered for the offences under Sections 341 and 323 r/w Section 34 of the Indian Penal Code, 1860. Respondents 1 and 2 are the defacto complainant and the injured witness. It is submitted that the matter has been settled, and the criminal proceedings against the petitioners may be quashed.

3. Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.

4. 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].

5. I have perused Annexure B and Annexure C affidavits filed by

respondents 1 and 2. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponent stand 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.1985/2021 on the files of the Judicial Magistrate of First Class - I, Chengannoor are quashed. This Crl.M.C is allowed. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF CRL.MC 316/2023 PETITIONERS' ANNEXURES : Annexure A CERTIFIED COPY OF FINAL CHARGE WAS FILED

AND TAKEN ON FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, CHENGANOOR AS CC NO. 1985/2021 ARISING FROM CRIME NO. Annexure B AFFIDAVIT OF THE 1ST RESPONDENT STATING THAT HE IS NOT INTENDING TO PROCEED FURTHER AGAINST THE PETITIONERS Annexure C AFFIDAVIT OF THE 2ND RESPONDENT STATING THAT HE IS NOT INTENDING TO PROCEED FURTHER AGAINST THE PETITIONERS

Same Court & Year Kerala · 2023 Same Parties M.R Vimal vs Adarsh Same Judge Honourable Mr. Justice Bechu Kurian Thomas