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 AGAINST THE ORDER/JUDGMENTCC 2363/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR PETITIONERS/ACCUSED 1 TO 8:
1 SARATH S,O RAJU, OORAKATH HOUSE, PULINCHODU, MAROTTICHAL P.O., THRISSUR., PIN - 680014 2 GOKUL S,O GOPALAKRISHNAN, KAKKARAKALATHIL HOUSE, PAZHAYANNUR P.O, VADAKKETHARA, THRISSUR., PIN - 680587 3 ADHITHYAN S,O MANI, MARENGALATH HOUSE, MELATTUR P.O., MALAPPURAM., PIN - 679325 4 SOURAV S,O DEVARAJ, KOTTAYIL HOUSE, KOORACHIPPADI, VILAYUR, PATTAMBI, PALAKKAD., PIN - 679309 5 HEMAND S,O HARIDASAN, HARITHA NIVAS (KUNNATH PUTHAN VEETTIL), MELATTUR P.O., MALAPPURAM., PIN - 679325 6 SANJAY KRISHNA S,O SUNILAN, KALARIKKAL HOUSE, INJAMUDI, HERBART CANAL, THRISSUR., PIN - 680561 7 DHEEJITH S,O DILEEP, PUTHULANGARA HOUSE, KOLANGATTUKARA, CHALISSSERY P.O., PALAKKAD., PIN - 679536 8 RAHUL S,O PUSHPANGATHAN, EDATHARA HOUSE, KURUMAL P.O., VELUR, THRISSUR., PIN - 680601 BY ADVS. VIVEK.P.K MOHAMED SHAREEF PARIYARATH
RESPONDENTS/STATE & DEFACTO COMPLAINANT AND INJURED:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 RAHUL PRAKASH S,O JAYAPRAKASH, VADASSERY HOUSE, ANJANGADI, ANTHIKKADU VILLAGE, THRISSUR., PIN - 680570 3 ASHAR AGED 22 YEARS S,O MAJEED, PATTIKAKKARAN HOUSE, PADINJATTUMURI, CHERPP VILLAGE, THRISSUR., PIN - 680561 4 ANANDHA VISHNU AGED 22 YEARS S,O RAMESH, KALLATTU HOUSE, VANNERIMUKK, ANDHIKKAD P.O., PATIYAM VILLAGE, THRISSUR., PIN - 680570 BY ADVS. PUBLIC PROSECUTOR SHYAM KUMAR M.P
OTHER PRESENT: PP -SMT.SREEJA V 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.
----------------------------------------- Crl.M.C .No. 8504 of 2022 ---------------------------------------- Dated this the 31st day of January, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash the criminal proceeding pending against them.
2. Petitioners are accused 1 to 8 in C.C.No.2363/2018 on the files
of the Judicial First Class Magistrate Court- II, Thrissur, alleging commission of offences under Sections 143, 147, 148, 341, 323, 324 and 506 of the Indian Penal Code, 1860. Respondents 2 to 4 are the defacto complainant and the injured witness.
3. On behalf of the petitioners it was submitted that the matter has been settled between the parties and the criminal proceedings against the petitioners ought to be quashed.
4. The learned Public Prosecutor pointed out that there are other
criminal cases pending against the petitioners. In support of the said submission it was pointed out that 1st petitioner is an accused in Crime No. 801/2018, 2nd petitioner is an accused in Crime No.889/2019, Crime No.897/2019, Crime No.93/2021 and Crime No.95/2021 while the 4 th petitioner is an accused in Crime No.568/2018, Crime No.523/2018, Crime No.220/2019 and Crime No.947/2018 all of Thrissur West Police Station. It was also pointed out that the 5 th petitioner is an accused in Crime No.417/2017, Crime No.120/2018, Crime No.520/2019 Crime No.43/2022 and Crime No.131/2022 while 6th and 8th petitioners are accused in Crime No.436/2019 also of Thrissur West Police Station. It was further submitted that, considering the criminal antecedents, the case against the petitioners ought not to be quashed, despite the settlement.
5. Heard Adv.Vivek P.K., the learned counsel for the petitioners and Adv.Shyam Kumar M.P., the learned counsel for the respondents apart from Smt.Sreeja V., the learned Public Prosecutor.
6. 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].
7. It is true that there are several other criminal cases pending
against the petitioners either at the investigation stage or at trial. Considering that all these petitioners are youngsters and since the offences alleged are not serious, I am of the view that despite the pending criminal cases against them, proceedings in this case can be quashed on the basis of the settlement.
8. I have perused Annexure-A2, Annexure-A3 and Annexure-A4
affidavits filed by respondents 2, 3 and 4. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents 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.
9. Accordingly, all proceedings against the petitioners in
C.C.No.2363/2018 on the files of the Judicial First Class Magistrate Court- II, Thrissur are quashed. This Crl.M.C.is allowed. Sd/- BECHU KURIAN THOMAS JUDGE AJM/24/1/23 APPENDIX OF CRL.MC 8504/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO. 947 OF 2018 OF THRISSUR WEST POLICE STATION.
Annexure A2 AFFIDAVIT SUBMITTED BY THE 2ND Annexure A3 AFFIDAVIT SUBMITTED BY THE 3RD Annexure A4 AFFIDAVIT SUBMITTED BY THE 4TH
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