Kerala High Court
Noushad vs State Of Kerala on 3 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 3072 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
CRL.MC NO. 3072 OF 2024
CRIME NO.158/2018 OF PERUNAD POLICE STATION,
PATHANAMTHITTA
IN ST NO.736 OF 2018 OF GRAMA NYAYALAYA, RANNI,
PATHANAMTHITTA.
PETITIONERS/ACCUSED:
1 NOUSHAD
AGED 45 YEARS
S/O PODIKKUTTI RAWTHER, , PUTHENPEEDIKAYIL
HOUSE, POTTANMOOZHY, LAHAI.P.O, RANNI-PERUNAD
VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT.,
PIN - 689662
2 ANAS
AGED 34 YEARS
S/O SHAJAHAN, PUTHENPEEDIKAYIL HOUSE,
POTTANMOOZHY, LAHAI.P.O, RANNI-PERUNAD VILLAGE,
RANNY TALUK, PATHANAMTHITTA DISTRICT, PIN -
689662
BY ADVS.
V.SETHUNATH
SREEGANESH U.
LAKSHMINARAYAN.R
SNEHA MARY SANTHOSH
RESPONDENTS/STATE/COMPLAINANT/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
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2 THE SUB INSPECTOR OF POLICE
PERUNAD POLICE STATION. PATHANAMTHITTA
DISTRICT., PIN - 689711
3 BASHEER
AGED 48 YEARS
S/O HASSANKUNJU, ASHNA MANZIL, POTTANMOOZHY,
LAHAI.P.O, RANNI-PERUNAD VILLAGE, RANNY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689662
4 JAMALUDHEEN
AGED 60 YEARS
S/O.PODIKUTTY RAWTHER, KIZHAKKAMANKAMANNIL
VEETTIL, POTTANMUDI, PERUNAD VILLAGE,
PATHANAMTHITTA DISTRICT,PIN-689711
BY ADV THOMAS ABRAHAM (K/1051/2010)
OTHER PRESENT:
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 03.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J
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Crl.M.C.No. 3072 OF 2024
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Dated this the 03rd day of September, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
2. Petitioners are the accused in S.T.No.736 of 2018 on the files of the Grama Nyayalaya, Ranni, Pathanamathitta district arising out of the Crime No. 158 of 2018 of Perunad Police Station, Pathanamthitta registered for the offences under Sections 294(b) and 323 r/w Section 34 of the Indian Penal Code, 1860. 3rd respondent is the defacto complainant and the 4th respondent is the injured witness.
3. According to the prosecution, the accused had on 02.03.2018, assaulted the defacto complainant after abusing him and thereby committed the offences alleged.
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 CRL.MC NO. 3072 OF 2024 4 2024:KER:67233 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.
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 A3 and A4 affidavits filed by the respondent 3 and 4. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is 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.
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8. Accordingly, all proceedings against the petitioners in S.T.No. 736/2018 on the files of the Grama Nyayalaya, Ranni are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE Anu CRL.MC NO. 3072 OF 2024 6 2024:KER:67233 APPENDIX OF CRL.MC 3072/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE F.I.R IN CRIME NO. 158/ 2018 OF PERUNAD POLICE STATION Annexure A2 TRUE COPY OF THE FINAL REPORT IN S.T NO. 736 OF 2018 ON THE FILE OF THE GRAMA NYAYALAYA, RANNI Annexure A3 NOTARISED AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 04-03-2024 Annexure A4 NOTARISED AFFIDAVIT DATED 08.04.2024 OF THE 4TH RESPONDENT