Kerala High Court
Manoj. C.A vs State Of Kerala on 4 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 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
CRL.MC NO. 10552 OF 2023
IN C.C.NO. 583/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
NILAMBUR
PETITIONERS/ACCUSED:
1 MANOJ. C.A
AGED 45 YEARS
S/O AYYAPPAN,
CHANTHULLY HOUSE,
CHOORAKANDY, POOKKOTTUMANNA P.O.
CHUNGATHARA, MALAPPURAM DISTRICT, PIN - 679334
2 SAJEESH @ SAJI
AGED 40 YEARS
S/O SUKUMARAN,
KUNDUKANDATHIL HOUSE,
BHOOTHANAM P.O. POTHUKAL,
MALAPPURAM DISTRICT., PIN - 679334
3 ROOPEN PAUL @ ARUN
AGED 32 YEARS
S/O ABHIMANYU,
CHANTHULLY HOUSE,
CHOORAKANDY, POOKKOTTUMANNA P.O.
CHUNGATHARA, MALAPPURAM DISTRICT., PIN - 679334
4 SARATHKUMAR
AGED 33 YEARS
S/O ABHIMANYU,
CHANTHULLY HOUSE,
MENONPOTTY, EDAKKARA PO,
MALAPPURAM DISTRICT, PIN - 679334
5 SABU VARGHESE
AGED 32 YEARS
S/O. VARGHESE,
Crl.M.C.No.10552 of 2023
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ALINCHUVATTIL HOUSE,
MUTHEDAM P.O., KATTADI,
KARAPPURAM, EDAKKARA,
MALAPPURAM DISTRICT., PIN - 679334
6 JOBIN C. JOY
AGED 32 YEARS
S/O. JOY,
CHERUPUZHAYATH HOUSE,
PALAD, MANIMOOLI P.O., VAZHIKKADAVU,
MALAPPURAM DISTRICT., PIN - 679334
BY ADV P.SAMSUDIN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 RAJU
AGED 65 YEARS
S/O CHUMMAR,
KOCHALIL HOUSE, CHOORAKANDI,
POOKKOTTUMANNA P.O., CHUNGATHARA,
MALAPPURAM DISTRICT., PIN - 679334
BY ADV.
A.M. BABU
OTHER PRESENT:
SRI. M.C. ASHI
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.10552 of 2023
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.10552 of 2023
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Dated this the 4th 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 in C.C. No.583/2018 on the files of the Judicial First Class Magistrate Court - I, Nilambur, arising out of Crime No.142/2018 of Pothukal Police Station, Malappuram District, registered for the offences under Sections 143, 147, 149, 341, 323, 294(b) and 506 of the Indian Penal Code, 1860. 2 nd respondent is the defacto complainant. It is submitted that the matter has been settled, and the criminal proceedings against the petitioners may be quashed.
3. According to the prosecution, the accused in furtherance of their common object committed rioting after abusing and threatening the defacto complainant 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 Crl.M.C.No.10552 of 2023 -:4:- 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 Annexdure A3 affidavit filed by the 2nd 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 C.C. No.583/2018 on the files of the Judicial First Class Magistrate Court - I, Nilambur are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE Jka/04.01.24.
Crl.M.C.No.10552 of 2023-:5:-
APPENDIX OF CRL.M.C.NO.10552/2023 PETITIONERS' ANNEXURES Annexure -A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
142/2018 OF POTHUKAL POLICE STATION DATED 06-09-2018.
Annexure -A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 142/2018 OF POTHUKAL POLICE STATION DATED 18-09-2018.
Annexure -A3 THE AFFIDAVIT DATED 25-10-2023 SWORN IN BY THE 2ND RESPONDENT