Kerala High Court
Ajayakumar @Ajayan vs State Of Kerala on 7 March, 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 7TH DAY OF MARCH 2024 / 17TH PHALGUNA,
1945
CRL.MC NO. 1692 OF 2024
CRIME NO.16/2021 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1710 OF 2021
OF SPECIAL COURT-TRIAL OF OFFENCE UNDER
SC/ST(POA)ACT1989, NEDUMANGAD
PETITIONER/ACCUSED NO.2:
AJAYAKUMAR @ AJAYAN
AGED 63 YEARS
S/O KARUNAKARAN, AMBADI VEETIL,
MANOORBHAGAM ATTIKUNNAM ALAMCODE
THIRUVANANTHAPURAM,, PIN - 695 102.
BY ADV M.R.SARIN
RESPONDENT/DEFACTO COMPLAINANT/STATE :
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2 G. RAJAN, AGED 66 YEARS
S/O GOPALAN, SAROVARAM ATTIKUNNAM ALAMCODE PO
ALAMCODE VILLAGE
THIRUVANTHAPURAM,, PIN - 695 102.
BY ADV SAUMYA P.S - R2
SRI. ASHI M.C. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 1692/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.1692 of 2024
...................................................
Dated this the 7th day of March, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
2. Petitioner is the accused in S.C.No.1710/2021 on the files of the Special Court for trial of offences under SC/ST [POA] Act cases, Nedumangadu, arising out of Crime No.16/2021 of Attingal Police Station, registered for the offence under Sections 447, 294(b), 506(i) r/w Section 34 of the Indian Penal Code, 1860 and Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989. The second respondent is the de facto complainant.
3. According to the prosecution, on 02.01.2021 the first accused trespassed into the property of the de facto complainant, and both accused abused the de facto complainant by calling his caste name, assaulted him, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel CRL.MC 1692/2024 3 for the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner 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 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 de facto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved CRL.MC 1692/2024 4 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 petitioner in S.C.No.1710/2021 on the files of the Special Court for trial of offences under SC/ST [POA] Act cases, Nedumangadu, are quashed. This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/14/03/2024 CRL.MC 1692/2024 5 APPENDIX OF CRL.MC 1692/2024 PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO 16/2021 OF ATTINGAL POLICE STATION.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 16/2021 OF ATTINGAL POLICE STATION, NOW PENDING BEFORE THE SC/ST [POA] SPECIAL COURT NEDUMANGAD AS SCNO 1710/2021.
ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 16/12/2023.
TRUE COPY