Kerala High Court
Abhiraj vs State Of Kerala on 23 March, 2023
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 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
CRL.MC NO. 7501 OF 2022
CRIME NO.1350/2018 OF CANTONMENT POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT CC 251/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III,TRIVANDRUM
PETITIONER/S:
1 ABHIRAJ, AGED 21 YEARS
S/O GOPALAKRISHNAN, KRISHNA NILAYAM,
KANNAYKKODU DESAM, ARYANCODU VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 013.
2 NANDHU, AGED 22 YEARS, S/O SUDHAKARAN,
ANANTHU BHAVAN, NEAR CSI CHURCH, MAILACHAN DESAM,
KUTTIYANIKKADU WARD, KIZHATTUR VILLAGE,
NEYYATTINKARA,THIRUVANANTHAPURAM, PIN - 695 121.
3 SHALOMRAJ, AGED 21 YEARS
S/O DEVARAJAN, SHARON HOUSE, TC.NO. 51/2102, NEMAM
VILLAGE, THIRUVANANTHAPURAM,PIN - 695 020.
4 MANU, AGED 19 YEARS, S/O KRISHNAN,
KUZHIVILA PUTHEN VEEDU, PALIYODU JUNCTION, ANAVOOR
VILLAGE, THIRUVANANTHAPURAM- 695 124.
5 UNNI, AGED 26 YEARS
S/O AMBI, TC.NO. 42/1132, PUTHUVAL PUTHENVEEDU,
NEAR PONNARA SCHOOL, MUTTATHARA VILLAGE,
THIRUVANANTHAPURAM,, PIN - 695 009.
6 VIPINPRASAD, AGED 19 YEARS, S/O BINU,
MALAYIL VEEDU, NELLIVILA RC STREET, 14TH WARD,
BALARAMAPURAM VILLAGE, THIRUVANANTHAPURAM-695501.
7 JISHNU, AGED 20 YEARS, S/O GANGADHARAN NAIR,
KADAYARA VEEDU, NEAR DEVI YOGISWARA TEMPLE,
OTTASEKHARAMANGALAM VILLAGE,
THIRUVANANTHAPURAM,PIN - 695 125.
8 ARUN JOHN, AGED 22 YEARS,S/O JOHN KUTTY,
BILAN NIVAS,NEAR VIZHAVOOR EAST CHURCH, NEDIYAVILA
DESAM, VILAVOORKKAL VILLAGE, THIRUVANANTHAPURAM-
695 571.
9 PRASANTH, AGED 22 YEARS
S/O VIJAYAKUMARAN, PRASANTH BHAVAN,
THANNIVILA DESAM, 16TH WARD,
PALLICHAL VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 020.
BY ADV D.AJITHKUMAR
CRL.MC 7501/2022
2
RESPONDENTS/STATE, INVESIGATING OFFICER & DEFACTO
COMPLAINANTS (CW1 TO CW5):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 SUB INSPECTOR OF POLICE
CANTONMENT POLICE STATION,
THIRUVANANTHAPURAM CITY, PIN - 695001
3 ASHIK, AGED 23 YEARS,
S/O BADARUDHEEN, TC.NO. 52/2088,
NELLANIKKARA VEEDU, NEAR SIVAN COVIL,
CHANALKARA, NEMOM.P.O,
THIRUVANANTHAPURAM, PIN - 695 019.
4 ARUN KUMAR, AGED 23 YEARS
S/O MOHANAN, TC. NO. 43/1204,
PUTHUVAL PUTHENVEEDU, NEAR VADAVOTHU TEMPLE,
MUTTATHRA VILLAGE, MANACAUD.P.O,
THIRUVANANTHAPURAM,, PIN - 695 009.
5 JITHU, AGED 25 YEARS
S/O JOY, JJ BHAVAN, VENPAKAL WARD,
KURUTHAMKUZHI, ATHIYANNOR VILLAGE,
THIRUVANANTHAPURAM,, PIN - 695 123.
6 AMAL, AGED 23 YEARS
S/O SAJAN LUKA, TC.NO.18/281, PRA-108,
MUTHUKATTIL VEEDU, EDAPAZHAJI,
PALOTTUKONAM, SASTHAMANGALAM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 015.
7 NAZEEM, AGED 23 YEARS
S/O MAHEEN, VANDAYA VILAKOM VEEDU, NEMOM WARD,
SANTHIVILA, KALLIYOOR VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 042.
BY ADV T.MANASY
PP SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 7501/2022
3
BECHU KURIAN THOMAS, J
...........................................
Crl.M.C.No.7501 of 2022
.....................................
Dated this the 23rd day of March, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
2. Petitioners are accused 1 to 9 in C.C.No.251/2019 on the files of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, arising out of Crime No.1350/2018 of Cantonment Police Station, registered for the offences under Sections 143, 147, 294(b) and 323 r/w Section 149 of the Indian Penal Code, 1860. Respondents 3 to 7 are the defacto complainant and 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 CRL.MC 7501/2022 4 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 Annexures-C to G affidavits filed by respondents 3 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 injured witnesses 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 C.C.No.251/2019 on the files of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, arising out of Crime No.1350/2018 of Cantonment Police Station, are quashed. This criminal miscellaneous case is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/23/03/2023 CRL.MC 7501/2022 5 APPENDIX OF CRL.MC 7501/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 1350/2018 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM CITY DATED 2.11.2018 Annexure B CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 251/2019 ON THE FILE OF COURT OF JUDICIAL FIRST CLASS MAGISTRATE-III, THIRUVANANTHAPURAM WHICH AROSE FROM CRIME NO. 1350/2018 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM CITY Annexure C THE AFFIDAVIT OF THE 3RD RESPONDENT/CW1 DATED 7.2.2022 Annexure D THE AFFIDAVIT OF THE 4TH RESPONDENT/CW2 DATED 19.2.2022 Annexure E THE AFFIDAVIT OF THE 5TH RESPONDENT/CW3 DATED 7.2.2022 Annexure F THE AFFIDAVIT OF THE 6TH RESPONDENT/CW4 DATED 7.2.2022 Annexure G THE AFFIDAVIT OF THE 7TH RESPONDENT/CW5 DATED 7.2.2022 TRUE COPY