IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944 CRL.MC NO. 653 OF 2023 AGAINST THE ORDER/JUDGMENTCC 1318/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONERS/ACCUSED NO.1 TO 3:

1 TOM PRINCE AGED 26 YEARS S/O RAJU, ALEXANDER MANDIRAM, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT, PIN - 691601

2 SANJAY AGED 23 YEARS S/O SUBHAGAN, SANTHAS BHAVAN, KUREEPUZHA CHERRY,THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT, PIN -

691601

3 PRASHANTH PAUL AGED 26 YEARS S/O PAUL, VAZHAPPALLIL VEEDU, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT, PIN - 691601 BY ADVS.

MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA)

SAMEER M NAIR GEETHU KRISHNAN DHANALAKSHMI V.K.

SAILAKSHMI MENON RESPONDENTS/STATE, I.O, DEFACTO COMPLAINANT & INJURED:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2 THE STATION HOUSE OFFICER POLICE STATION OF ANCHALUMMOOD, KOLLAM DISTRICT, PIN -

691601

3 ANTONY JOY AGED 24 YEARS S/O JOY GEORGE, THENGUVILA VEEDU, T.S.S NAGAR 75, THRIKKADAVOOR VILLAGE, KADAVOOR CHERRY, KOLLAM DISTRICT, PIN - 691601

4 AMAL PATRICK AGED 23 YEARS S/O PATRICK ANTONY, SHINE COTTAGE, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT, PIN - 691601 OTHER PRESENT:

PP -SMT.SREEJA V, ADV.ANSU VARGHESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J. -----------------------------------------

Crl.M.C. No. 653 of 2023 ----------------------------------------

Dated this the 15th day of February, 2023 ORDER Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

2. Petitioners are accused No.s 1 to 3 in C.C. No.1318/2019 on the files of the Judicial Magistrate of First Class-I, Kollam, registered for the offences under Sections 341, 323, 324 and 294(b) r/w Section 34 of the Indian Penal Code, 1860. Respondents 3 and 4 are the defacto complainant and the injured witness.

3. Heard Adv.Manu Ramachandran, the learned counsel for the petitioners and Adv.Ansu Varghese, the learned counsel for the respondents, apart from Smt.Sreeja V., 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 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 Annexure -A2 and Anneuxre- A3 affidavits filed by respondents 3 and 4. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are 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.

7. Accordingly, all proceedings against the petitioners in C.C.

No.1318/2019 on the files of the Judicial Magistrate of First Class-I, Kollam are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM/16/2/23 APPENDIX OF CRL.MC 653/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.567/2019 OF ANCHALUMMOOD POLICE STATION, KOLLAM DISTRICT WHICH IS NOW PENDING AS C.C NO.1318/2019 ON THE FILES OF JFMC -I, KOLLAM.

Anne