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2024 Supreme(Online)(KER) 6324

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
AJITH.V.S @ ANSAR – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 11212/2023



In appropriate cases, the High Court can quash criminal proceedings if there has been an amicable resolution of the dispute between the victim and the wrongdoer.

Headnote:

QUASHING OF PROCEEDINGS - SECTION 482 CR.P.C - SETTLEMENT - ELECTRICITY ACT, 2003 - SECTION 139 - INDIAN PENAL CODE, 1860 - SECTION 279

Fact of the Case:

The petitioner was accused of hitting an electric pole of the Kerala State Electricity Board and causing damage. The petitioner filed a petition under Section 482 Cr.P.C to quash the proceedings against him, claiming that the matter had been settled.

Finding of the Court:

The court noted that the matter had been settled and that the Kerala State Electricity Board had withdrawn its complaint. The court also considered the nature of the offenses alleged and found that no public interest was involved in the case.

Issues: Whether the proceedings against the petitioner should be quashed in light of the settlement between the parties.

Ratio Decidendi: The court relied on the Supreme Court's decisions in Gian Singh v. State of Punjab and Another, Narinder Singh and Others v. State of Punjab and Another, and Yogendra Yadav and Others v. State of Jharkhand and Another, which held that in appropriate cases, the High Court can quash criminal proceedings if there has been an amicable resolution of the dispute between the victim and the wrongdoer.

Final Decision: The court allowed the petition and quashed all proceedings against the petitioner in Crime No.1145/2023 of Kuruppanpadi Police Station.

ORDER

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.1145/2023 of Kuruppanpadi Police Station, registered for the offences under Section 279 of the Indian Penal Code, 1860, apart from Section 139 of the Electricity Act, 2003. 3rd respondent is the defacto complainant.

3. According to the prosecution, on 03.12.2023, the vehicle of the accused had hit on the electric pole of the Kerala State Electricity Board and 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-A5 letter issued by the Assistant Engineer of the Kerala State Electricity Board to the Station House OfÏcer, Kuruppanpadi Police Station stating that the accused had deposited Rs.48,192/- as damages for the loss sustained by the Board and that they are withdrawing the complaint. 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.1145/2023 of Kuruppanpadi Police Station, are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/23.02.24.

APPENDIX OF CRL.MC 11212/2023 PETITIONER’S ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR NUMBERED AS

1145/2023 OF KURUPPANPADI POLICE STATION IN ERNAKULAM RURAL DATED 12.12.2023.

Annexure A2 THE TRUE COPY OF THE RC BOOK IN REGISTRATION NUMBERED AS KL-02 BH 173 DATED 18/01/2019.

Annexure A3 THE TRUE COPY OF THE INSURANCE COPY HAVING PROPOSAL NUMBERED AS 202302060024064 DATED

06/02/2023.

Annexure A4 THE TRUE COPY OF THE FORM 47 PERMIT OF THE VEHICLE ISSUED BY TRANSPORT DEPARTMENT NUMBERED AS NP/KL/2/012019/78906 DATED

23.01.2019.

Annexure A5 THE TRUE COPY OF THE LETTER ISSUED BY THE

3RD RESPONDENT TO THE 2ND RESPONDENT DATED

15.12.2023.

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