Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 CRL.MC NO. 9603 OF 2022 PETITIONERS: 1 AKHILDAS, S/O MOHANDAS, AGED 19 YEARS, PADINJAREL HOUSE, PADIJATHINKARA, KOTTARAKARA P.O., KOLLAM, PIN - 691 506. 2 HARI SAJITH, S/O SAJITH M BABU, VALLIVILA HOUSE, OLD ESI JUNCTION, KADAMBANADU P.O., PATHANAMTHITTA, PIN - 691 553. 3 ARJUN S. KUMAR, S/O SREEKUMAR, AGED 19 YEARS, MANJAPLAKERYIL HOUSE, KADAMANADU, MANNADI P.O., PATHANAMTHITTA, PIN - 691 530. 4 ADITHYA VIJAY, S/O VIJAYAKUMARAKURUP, AGED 20 YEARS, SREERAGAM HOUSE, PAYYANALLOOR P.O., NOORANADU, PIN - 691 523. 5 CHERIAN MATHEW KOSHY, AGED 21 YEARS, S/O KOSHY, KANDATHILPARAMBIL HOUSE, KARTHIKAPALLY P.O., ALAPPEY, PIN - 690 516. 6 AMAL S. KUMAR, S/O SASI KUMAR, AGED 20 YEARS, ASWATHY HOUSE, KADAMANADU, MANNADI P.O, PATHANAMTHITTA, PIN - 691 530. 7 AMAL A. S., S/O ANIL KUMAR, AGED 20 YEARS, AMBADY HOUSE, KOTTARAKARA, NEAR CSI JUNCTION, KALLAKADA P.O., KATTAKADA, PIN - 695 572. 8 ANANDAN M. S., AGED 21 YEARS, SUJEENTHRAN, AGED 21 YEARS, CHITHIRA HOUSE, PATHANAPURAM, VETTITHARA P.O, RAMAMANGALAM, PIN - 686 663. 9 LABY REGI, S/O REGIMON, AGED 19 YEARS, PUTHANVEEDU HOUSE, THEKKUMURI, PERUGANADU P.O, PATHANAMTHITTA, PIN - 691 551. 10 SREELAL, S/O TULASILAL, AGED 20 YEARS, JAYASREE BHAVANAM HOUSE, KOTTARAKARA, PAVITHRASHVARAM P.O., KOLLAM, PIN - 691 507. BY ADVS. AMEER SALIM ANUSREE.C RESPONDENTS: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 SAIDU MUHAMMED, AGED 56 YEARS, S/O SAIFUDHEEN, THANGALAYATHU HOUSE, ADOOR P.O., PATHANAMTHITTA, PIN - 691 523. 3 AARYAN, S/O SANTHOSH, AGED 19 YEARS, AARYANJALI HOUSE, MAILADU P.O., POOYAPPALI, KOLLAM, PIN - 691 537.
4 ANSIL, S/O AJI R, AGED 19 YEARS, PULLIPARATHAZHETHIL HOUSE,ADOOR P.O., KOTTAMUKAL, PIN - 691 523. 5 AJAYKRISHNA, S/O SURESH, KRISHNAKRIPA HOUSE, ANANDAPALLI P.O., VALIYAKULAM, ADOOR, PIN - 691 523. 6 AMAL, S/O SELVARAJ, KALLOMADATHIL HOUSE, MANNADI P.O., KADAMBANADU, PIN - 691 530. 7 ABRAHAM, S/O KURIAKOSE,MULANILKKUNNATHIL HOUSE, KADAMBANADU P.O., KADAMBANADU, PIN - 691 552. BY ADV ABHISHEK M. KUNNATHU PP ADV.SREEJA V THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
-------------------------------- Crl.M.C.No.9603 of 2022 --------------------------------- Dated this the 1st 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 to 10 in C.C.No.644 of 2022 on
the files of the Judicial First Class Magistrate Court-I, Adoor, registered for the offences under Sections 143, 147, 294(b), 323, 324 and 325 r/w Section 149 of the Indian Penal Code, 1860. 2nd respondent is the defacto complainant and respondents 3 to 7 are the injured witnesses.
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-C to Annexure-H affidavits filed by
respondents 2 to 7. 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.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.644 of 2022 on the files of the Judicial First Class Magistrate Court-I, Adoor are quashed. This Crl.M.C is allowed. Sd/- BECHU KURIAN THOMAS, JUDGE ak The C.C.No.644/2022 mentioned in the final
order dated 01/02/2023 in Crl.M.C.9603/2022 stands
corrected and substituted as C.C.No.1644/2022, wherever it occurs, as per order dated 15/03/2023 in Crl.M.A.No.1/2023 in Crl.M.C.No.9603/2022. Sd/- Deputy Registrar APPENDIX OF CRL.MC 9603/2022 PETITIONERS ANNEXURES:- Annexure A TRUE COPY OF THE F I R NO. 590/2022 DATED 10.08.2022 IN CRIME NO. 590/2022 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT Annexure B CERTIFIED COPY OF THE FINAL REPORT DATED 18.08.2022 IN CRIME NO. 590/2022 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT Annexure C TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT 2 DATED 29.11.2022 Annexure D TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT 3 DATED 29.11.2022 Annexure E TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT 4 DATED 29.11.2022 Annexure F TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT 5 DATED 29.11.2022 Annexure G TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT 6 DATED 29.11.2022 Annexure H TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT 7 DATED 29.11.2022 RESPONDENTS ANNEXURES:- NIL