IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 10^TH DAY OF SEPTEMBER 2024 / 19TH BHADRA, 1946 CRL.MC NO. 7456 OF 2024 CRIME NO.2088/2021 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED IN CC NO.71 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD PETITIONERS/ACCUSED 1 TO 3:

1 AKHIL AGED 33 YEARS S/O MANIKANTAN NAIR, RESIDING AT BHARATHI BHAVAN, IRUMBA, ARUVIKKARA.P.O., THIRUVANANTHAPURAM, PIN - 695564

2 SANAL KUMAR AGED 33 YEARS S/O SATHEESH KUMAR, ASWATHI BHAVAN, IRUMBA, ARUVIKKARA.P.O., THIRUVANANTHAPURAM, PIN - 695564

3 NITHEESH KUMAR @ GANESH AGED 30 YEARS S/O MURALEEDHARAN NAIR, KUNNUMPURATHU VEEDU, IRUMBA, ARUVIKKARA.P.O., THIRUVANANTHAPURAM, PIN - 695564 BY ADV K.S.PRAVEEN RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT.P.O., ERNAKULAM, PIN -

682031

2 HASSAN AGED 40 YEARS S/O THAHA, AL-AMEEN MANZIL, KARIKKARATHARA, SIVAJI NAGAR, IRUMBA, ARUVIKKARA.P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN - 695564 OTHER PRESENT:

ADV A.S.SHAMMY RAJ -R2 SRI. NOUSHAD K. A. (PP)

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

10.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J ......….............................................

Crl.M.C.No. 7456 of 2024 …................................................

Dated this the 10^th day of September, 2024

ORDER

Petitioners have invoked the jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 to quash all proceedings against them.

2. Petitioners are accused Nos. 1 to 3 in C.C. No.

71/2022 on the files of the Judicial First Class Magistrate Court-II, Nedumangad, arising out of Crime No. 2088/2021 of Aruvikkara Police Station, registered for the offences under Sections 143, 144, 148, 149, 341, 294(b), 323, 324, 506(ii) and 427 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.

3. According to the prosecution, the accused had on 19.12.2021, formed themselves to unlawful assembly and assaulted the defacto complainant and committed mischief causing damage to the tune of Rs.5,000/- and thereby committed the offences alleged.

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

5. 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.

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 A2 afÏdavit filed by the

2^nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the afÏdavit is genuine, and the defacto complainant 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 petitioners in C.C. No. 71/2022 on the files of the Judicial First Class Magistrate Court-II, Nedumangad, are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Mms APPENDIX OF CRL.MC 7456/2024 PETITIONERS ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO.71/2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, N