Vishnu @ Pappachan vs State Of Kerala on 5 June, 2024

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Kerala High Court

Vishnu @ Pappachan vs State Of Kerala on 5 June, 2024

Bench: Bechu Kurian Thomas

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA,1946
                CRL.MC NO. 2090 OF 2024
CRIME NO.1081/2023 OF PARIPPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.66 OF 2023 OF
  JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PARAVUR
PETITIONERS/ACCUSED 1 & 2:

   1     VISHNU @ PAPPACHAN, AGED 34 YEARS
         S/O RAVEENDRAN, R.S.NIVAS,
         PAMPURAM CHERRY, PAMPURAM,
         PARIPPALLY VILLAGE, KOLLAM, PIN - 691 574.
   2     NIRMAL RAJ, AGED 35 YEARS
         S/O VINAYAKAN, PANAYIL VEEDU, MEENAMBALAM,
         PAMPURAM CHERRY, PARIPPALLY VILLAGE, KOLLAM
         TALUK, PIN - 691 574.
         BY ADVS.
         MINI GANGADHARAN
         PRIYA M.
         N.SHIVA PRASADAN
         N.C.SAJUNAM
RESPONDENT/STATE & DE FACTO COMPLAINANT :
    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682 031.
    2    SURESH, AGED 42 YEARS
         S/O SIVAPRASAD, SANTHOSH BHAVAN, KIZHAKKANELA
         CHERRY, PARIPPALLY VILLAGE , KOLLAM TALUK.,
         PIN - 691574
    3    ADDL.R3 IMPLEADED
         ABIN, S/O VIKRAMAN,30 YEARS, SHAILAJA
         MANDIRAM, KAZHUTHUMMOODU, KULAMADA,
         KIZHAKKENALA CHERRY, PARIPALLU VILLAGE,
         KOLLAM TALUK -691572.
         ADDL.R3 IMPLEADED AS PER ORDER DATED
         29.05.2024 IN CRL.M.A.NO.2/2024.
         BY ADV ASWATHI S KUMAR
         SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC 2090/2024

                                              2


                          BECHU KURIAN THOMAS, J
                     ......................................................
                              Crl.M.C.No.2090 of 2024
                      ...................................................
                      Dated this the 5th day of June, 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 and 2 in C.P.No.66/2023 on the files of the Judicial First Class Magistrate Court-II, Paravur, arising out of Crime No.1081/2023 of Parippally Police Station, registered for the offences punishable under Sections 341, 323, 324, 201 and 308 r/w Section 34 of the Indian Penal Code, 1860. The second respondent is the de facto complainant and the third respondent is the injured witness.

3. According to the prosecution, on 15.08.2023 the accused had formed themselves into an unlawful assembly and restrained the de facto complainant, and assaulted 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 that the matter has CRL.MC 2090/2024 3 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-A4 and Annexure-A5 affidavits filed by respondents 2 and 3. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the de facto complainant and 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.

CRL.MC 2090/2024

4 Accordingly, all proceedings against the petitioners in C.P.No.66/2023 on the files of the Judicial First Class Magistrate Court-II, Paravur, are quashed.

This Crl.M.C is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/07/06/2024 CRL.MC 2090/2024 5 APPENDIX OF CRL.MC 2090/2024 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF F.I.R NO: 1081/2023 OF PARIPPALLY POLICE STATION REGISTERED ALLEGING ACCUSATION OF HAVING COMMITTED OF AN OFFENCE UNDER SECTION 143, 147, 148, 149, 341, 323, 324 & 308 OF THE I.P.C.

ANNEXURE A2 CERTIFIED COPY OF F.I.S GIVEN BY THE 2ND RESPONDENT/ DE-FACTO COMPLAINANT.

ANNEXURE A3 TRUE COPY OF CHARGE-SHEET IN C.P NO: 66/2023 ON THE FILE OF THE JFMC-II, PARAVUR, SCENE MAHAZAR, WOUND CERTIFICATE, REPORT FOR DELETING SECTION 147 & 148 WITH REPORT DISCLOSING THE ADDRESS OF THE ACCUSED.

ANNEXURE A4 TRUE AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT EXPRESSING HIS INTENTION NOT TO PURSUE WITH THE CASE.

TRUE COPY

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