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Mahesh vs State of Kerala

Mahesh vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2023
~4 min read
https://sooperkanoon.com/case/1340355

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/1335/2022

Parties & Advocates

Appellant / Petitioner

Mahesh

Respondent

State of Kerala

Excerpt

.....are accused nos. 1 to 3 in c.p. no.55/2021 on thefiles of the judicial magistrate of first class, chavakkad, alleging offences under sections 341,323, 324 and 308 r/w section 34 of the indian penal code, 1860. respondent nos.2 and 3 are the defacto complainant and the injured witness.3. petitioners are accused nos. 1 to 3 in crime no.18/2021 ofchavakkad police station. as against petitioners 1 and 2, their case was committed to the sessions court and the case against them is now pending as s.c. no.510/2022 on the files of the assistant sessions court, chavakkad. as against the 3rd petitioner, the case is pending as c.p. no.21/2022 on the files of the judicial first class magistrate court, chavakkad.4. heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned public prosecutor.5. the learned counsel for the petitioners submitted that the matter has been settled between the parties and hence proceedingsagainst 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. the learned public prosecutor however submitted thatpetitioners are involved in several criminal cases, 2 nd petitioner being involved in 16 criminal cases, 1st petitioner in 7 criminal cases and the 3rd petitioner involved in 4 criminal cases.7. notwithstanding the various other cases against thepetitioners since the counter case to the present case which was registered as crime no.19/2021 of chavakkad police station and taken cognizance as c.c.no.686/2021 on the files of the judicial first class magistrate, chavakkad, was already quashed by order dated 09.06.2022, no purpose would be achieved by continuing the proceedings.8. 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.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 CRL.MC NO. 1335 OF 2022 IN C.P. NO. 55/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD PETITIONERS/ACCUSED Nos. 1 TO 3:

1 MAHESH AGED 31 YEARS S/O LOHIDHAKSHAN KANDAMBULLI HOUSE, KANNIKKUTHY, ORUMANAYOOR, CHAVAKKAD, THRISSUR, PIN - 680512 2 NIBIN AGED 22 YEARS S/O JAYAN, KARUTHEDATH HOUSE, MANGOTTUPADY, ORUMANAYUR, CHAVAKKAD, THRISSUR., PIN - 680512 3 HASSAN MUBARAK AGED 25 YEARS S/O HAIDERALI, PALLATH HOUSE, BABY ROAD, MANATHALA, CHAVAKKAD, THRISSUR., PIN - 680516 BY ADV VIVEK.P.K

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 ARJUNAN AGED 42 YEARS S/O KUNDARU, MANGADI HOUSE, MUTHENMMAVU, ORUMANAYOOR P.O., CHAVAKKAD TALUK, THRISSUR., PIN - 680512 3 JEEVAN AGED 20 YEARS S/O RAJESH, POOVANTHARA HOUSE, ORUMANAYOOR P.O., CHAVAKKAD TALUK, THRISSUR, PIN-680512, PIN - 680512 BY ADV RAHUL SASI

OTHER PRESENT: SRI.VIPIN NARAYAN PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

==================== ===================== Dated this the 31st 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 to 3 in C.P. No.55/2021 on the

files of the Judicial Magistrate of First Class, Chavakkad, alleging offences under Sections 341,323, 324 and 308 r/w Section 34 of the Indian Penal Code, 1860. Respondent Nos.2 and 3 are the defacto complainant and the injured witness.

3. Petitioners are accused Nos. 1 to 3 in Crime No.18/2021 of

Chavakkad police Station. As against petitioners 1 and 2, their case was committed to the Sessions Court and the case against them is now pending as S.C. No.510/2022 on the files of the Assistant Sessions Court, Chavakkad. As against the 3rd petitioner, the case is pending as C.P. No.21/2022 on the files of the Judicial First Class Magistrate Court, Chavakkad.

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

5. The learned counsel for the petitioners submitted that the matter has been settled between the parties and hence 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. The learned Public Prosecutor however submitted that

petitioners are involved in several criminal cases, 2 nd petitioner being involved in 16 criminal cases, 1st petitioner in 7 criminal cases and the 3rd petitioner involved in 4 criminal cases.

7. Notwithstanding the various other cases against the

petitioners since the counter case to the present case which was registered as Crime No.19/2021 of Chavakkad Police Station and taken cognizance as C.C.No.686/2021 on the files of the Judicial First Class Magistrate, Chavakkad, was already quashed by order dated 09.06.2022, no purpose would be achieved by continuing the proceedings.

8. 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].

9. I have perused Annexure A3 and Annexure A4 affidavits filed

by respondents 2 and 3 . 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. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

10. Accordingly, all proceedings against the petitioners in C.P.

No.55/2021 on the files of the Judicial Magistrate of First Class, Chavakkad, now pending as S.C. No.510/2022 on the files of the Assistant Sessions Court, Chavakkad and as C.P. No.21/2022 on the files of the Judicial First Class Magistrate Court, Chavakkad shall stand quashed.

This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS JUDGE Jka/31.01.23 APPENDIX OF CRL.MC 1335/2022 PETITIONERS ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 18 OF 2021 OF CHAVAKKAD POLICE STATION Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO. 18 OF 2021 OF CHAVAKKAD POLICE STATION. Annexure A3 THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 12.02.2022 Annexure A4 THE AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 12.02.2022

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