Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 7TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944 CRL.MC NO. 548 OF 2023 AGAINST THE ORDER/JUDGMENTCC 649/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III, KOLLAM PETITIONERS: 1 BEGIN JOSE, AGED 45 YEARS, S/O JOSEPH, VISAKHAM VEEDU, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA P.O., KOLLAM (DIST), PIN - 691 581. 2 GIRISH KUMAR, AGED 44 YEARS, S/O MANIYAN PILLAI, CHRISTO DALE VEEDU, MEENATHU CHERRY, SAKTHIKULANGARA VILLAGE, KAVANADU P.O., KOLLAM (DIST), PIN - 691 003. BY ADV M.RAJESH RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, CIVIL STATION P.O., KOLLAM (DIST), PIN - 691 013. 3 MENDEZ BERNARD, AGED 50 YEARS, S/O CYRIL MENDEZ DALLEL DALE, PUNNATHALA CENTRAL NAGAR-20, PUNNATHALA CHERRY, KOLLAM WEST VILLAGE, THIRUMULLAVARAM P.O., KOLLAM (DIST), PIN - 691 012. PP SMT.SEETHA S, ADV.A.MANOJ JOSEPH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
-------------------------------- Crl.M.C.No.548 of 2023 --------------------------------- Dated this the 7th day of February, 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.649 of 2018 on
the files of the Judicial First Class Magistrate Court-III, Kollam registered for the offences under Sections 341, 323 and 294(b) r/w Section 34 of the Indian Penal Code, 1860. The 3rd respondent is the defacto complainant.
3. Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.
4. 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.
5. 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].
6. I have perused Annexure-2 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.
7. Accordingly, all proceedings against the petitioners in C.C. No.649 of 2018 on the files of the Judicial First Class Magistrate Court-III, Kollam are quashed.
This Crl.M.C is allowed. Sd/- BECHU KURIAN THOMAS, JUDGE ak APPENDIX OF CRL.MC 548/2023 PETITIONERS’ ANNEXURES:- Annexure 1 THE CERTIFIED COPY OF CHARGE SHEET IN CRIME NO. 507/2018 OF KOLLAM WEST POLICE STATION. Annexure 2 AN AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 04.01.2023.