Kerala High Court
Rahul.T vs State Of Kerala on 18 January, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 18TH DAY OF JANUARY 2024 / 28TH POUSHA, 1945
CRL.MC NO. 8 OF 2024
CRIME NO.1870/2023 OF THALIPARAMBA POLICE STATION, KANNUR
PETITIONER/ACCUSED:
1 RAHUL.T
AGED 29 YEARS
S/O. RAMACHANDRAN,
THAIKOL HOUSE, KANUL.P.O.,
MORAZHA, TALIPARAMABA TALUK,
KANNUR DISTRICT, PIN - 670562
*2 ARUNRAJ.K
AGED 26 YEARS
S/O. UNNIKRISHNAN,
KUNNUMAL HOUSE, KANUL.P.O,
MORAZHA, TALIPARAMABA TALUK,
KANNUR DISTRICT, PIN - 670562
* CORRECTED AS
ANURAJ.K
AGED 26 YEARS
S/O. UNNIKRISHNAN,
KUNNIL HOUSE, KANUL.P.O
MORAZHA, TALIPARAMBA TALUK,
KANNUR DISTRICT
[AS PER ORDER DATED 18.01.2024 IN CRL.M.A. 3 OF 2024
IN CRL.M.C. NO.8/2024]
3 PRANAV A
AGED 29 YEARS
S/O. PRAKASHAN,
AYKKAL (H), KANUL.P.O,
TALIPARAMABA TALUK,
KANNUR DISTRICT, PIN - 670562
Crl.M.C. No.8 of 2024
-:2:-
4 PRIJESH M
AGED 30 YEARS
S/O PREMARAJAN, AYKKAL (H),
MORAZHA P.O, TALIPARAMABA TALUK,
KANNUR DISTRICT, PIN - 670331
BY ADVS.
B.MUHAMMED SHAHEEL
KEERTHI VIJAYAN
R.N.SANDEEP
RESPONDENT/RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 RIJIL P.V
AGED 28 YEARS
S/O SURESHBABU,
PADINHARE VEETTIL (H),
KUTTANCHERI, MORAZHA AMSOM,
TALIPARAMBA TALUK,
KANNUR DISTRICT, PIN - 670562
BY ADV RANGEETH G.S
OTHER PRESENT
SRI. AHSI.M.C
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.8 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
---------------------------------------
Crl.M.C. No.8 of 2024
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Dated this the 18th day of January, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
2. Petitioners are the accused Nos. 1 to 4 in Crime No.1870/2023 of Thaliparamba Police Station, Kannur District, registered for the offences under Sections 257, 323 and 326 r/w Section 34 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.
3. According to the prosecution, on 11.12.2023, the accused abducted the defacto complainant and assaulted him and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.
5. 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.
Crl.M.C. No.8 of 2024-:4:-
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. I have perused Annexure-A2 affidavit filed by the second 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.
8. Accordingly, all proceedings against the petitioners in Crime No.1870/2023 of Thaliparamba Police Station, Kannur District, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE Jka/18.01.24.
Crl.M.C. No.8 of 2024-:5:- APPENDIX OF CRL.MC 8/2024 PETITIONERS' ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
1870/2023 OF TALIPARAMBA POLICE STATION PENDING BEFORE JUDICIAL FIRST-CLASS MAGISTRATE COURT, TALIPARAMBA.
Annexure A2 THE AFFIDAVIT SWORN BY THE RESPONDENT NO.2
EXPRESSING HIS WILLINGNESS TO QUASH THE
CRIMINAL PROCEEDINGS AGAINST THE
PETITIONERS.