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2024 Supreme(Online)(KER) 1515
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 28TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 CRIME NO.46/2024 OF Kodanad Police Station, Ernakulam PETITIONER/ ACCUSED : AJI CHANDRAN, AGED 51 YEARS, S/O.CHANDRAN, RESIDING AT THEKKEKUDI, KOOVAPADY (VIA.), CHERANELLOOR, PERUMBAVOOR, ERNAKULAM, PIN – 683 544 BY ADV D.SARITHA RESPONDENT/ STATE & DEFACTO COMPLAINANT : 1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KODANADU POLICE STATION, ERNAKULAM RURAL, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN – 682 031 2 GEORGE, AGED 62 YEARS, S/O.OUSEPH, KAROTT VEETTIL, CHERANALLOOR EAST, KOOVAPADY VIA., KODANADU VILLAGE, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN – 683 542 BY ADVS. JINCY P.G. JOHN MANJOORAN BY SMT. SREEJA V., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J. =-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C.No.1398 of 2024 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of February, 2024
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
2. Petitioner is the accused in Crime No.46 of 2024 of Kodanad Police Station, Ernakulam, registered for the offences under Sections 294(b), 341 and 324 of the Indian Penal Code, 1860. 2nd respondent is the defacto complainant.
3. According to the prosecution, the accused had on 21.01.2024 assaulted the defacto complainant after abusing him 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 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 A2 affidavit filed by the 2nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit 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 petitioner in Crime No.46 of 2024 of Kodanad Police Station, Ernakulam are quashed. This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS, JUDGE RKM 2024:KER:16427 APPENDIX OF CRL.MC 1398/2024 PETITIONER'S ANNEXURES : Annexure A1 THE CERTIFIED COPY OF F.I.R. IN CRIME NO.46/24 OF KODANADU POLICE STATION APPENDIX OF CRL.MC 1398/2024 PETITIONER'S ANNEXURES : Annexure A1 THE CERTIFIED COPY OF F.I.R. IN CRIME NO.46/24 OF KODANADU POLICE STATION Annexure A2 THE ORIGINAL AFFIDAVIT OF 2ND RESPONDENT DATED 1/2/2024
