IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 26^TH DAY OF JUNE 2024 / 5TH ASHADHA, 1946 CRL.MC NO. 5022 OF 2024 CRIME NO.1555/2016 OF Town East Police Station, Thrissur AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1869 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR PETITIONER:

BABU AGED 51 YEARS S/O ENASU, RESIDING AT MEKKATTUKULAM HOUSE, NELLIKUNNU DESOM, CHEMBUKKAVU, THRISSUR, PIN - 680005 BY ADV K.RAJESH KANNAN RESPONDENTS:

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

2 FRIJO S/O JOSE, PURATTUKARAN HOUSE, NEDUPUZHA, KOORKANCHERY, THRISSUR DISTRICT, PIN - 680001 OTHER PRESENT:

SR. ASHI M.C (PP)

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

26.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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

Crl.M.C. No. 5022 of 2024 ----------------------------------------

Dated this the 26th day of June, 2024 ORDER Petitioner has invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against the second respondent.

2. Petitioner is the complainant in C.C.No. 1869 of 2016 on the files of the Judicial First Class Magistrate’s Court-I, Thrissur arising out of Crime No. 1555 of 2016 of Town East Police Station, Thrissur, registered for the offences under Sections 427, 447, 294(b) and 506(ii) of the Indian Penal Code, 1860. Second respondent is the accused in the case.

3. According to the prosecution, due to the previous enmity the accused had on 05-03-2016 trespassed into the shop of the defacto complainant and after abusing him, committed mischief causing loss of Rs.5,000/- and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent, apart from the learned Public Prosecutor.

5. The complaint has come up before this Court stating that he has settled the matter with the accused and had filed an affidavit before the trial court pointing out the said settlement. He has also given a statement to the Investigating Officer that he has settled the matter. and the learned Public Prosecutor has affirmed that the petitioner is not interested to pursue 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-III affidavit filed by the petitioner. The learned Public Prosecutor has affirmed that the petitioner is not interested to pursue the proceedings and that the affidavit is genuine, and that petitioner 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 accused-2^nd respondent in C.C.No.1869/2016 pending before the Judicial First Class Magistrate Court-I, Thrissur which arose from Crime No. 1555/2016 of Thrissur East Police Station, Thrissur District are hereby quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 5022/2024 PETITIONER ANNEXURES Annexure I CERTIFIED COPY OF THE F.I.R. IN CRIME NO.1555/2016 OF THRISSUR EAST POLICE STATION, THRISSUR DISTRICT DATED

27.4.2016 Annexure II CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO.1869/2016 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, THRISSUR WHICH AROSE FROM CRIME NO.1555/2016 OF THRISSUR EAST POLICE STATION, THRISSUR DISTRICT DATED

25.5.2018 Annexure II