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2024 Supreme(Online)(KER) 42475

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 4TH DAY OF OCTOBER 2024 / 12TH ASWINA, 1946 CRL.MC NO. 7712 OF 2024 CRIME NO.994/2023 OF PUTHENCRUZ POLICE STATION, ERNAKULAM IN ST NO.1044 OF 2023 OF GRAMA NYAYALAYA, VADAVUCODE AT KOLENCHERY PETITIONER/ACCUSED:

SASIKUMAR C.C AGED 65 YEARS S/O CHANDRASEKHARAN NAIR, KOCHERIYIL HOUSE , NAMBIARUPADI BHAGHAM, KADAMATTOM KARA, AIKARANAD NORTH VILLAGE, KUNNATHUNAD THALUK, ERNAKULAM DISTRICT., PIN - 682311 BY ADV SIKHA G.NAIR RESPONDENTS/DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

2 RAJISH R, AGED 44 YEARS S/O RAMANATHAN, KIZHAKKEPARAMBIL HOUSE, KANJIRAMATTAM KARA, THODUPUZHA VILLAGE, THODUPUZHA THALUK, IDUKKI DISTRICT., PIN – 685 585.

SRI. C.N. PRABHAKARAN (PP) SRI. AJEESH M UMMER FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

04.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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

Crl.M.C.No.7712 of 2024 ----------------------------------------------------

Dated this the 4th day of October, 2024

ORDER

Petitioner has invoked the jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash all proceedings against them.

2. Petitioner is the accused in S.T.No.1044/2023 on the files of the Grama Nyayalaya, Vadavucode at Kolenchery which arise out of Crime No.994/2023 of Puthencruz Police Station, Ernakulam registered for the offences under Sections 341 and 323 of the Indian Penal Code, 1860. 2nd respondent is the defacto complainant.

3. According to the prosecution, the accused had assaulted the defacto complainant in connection with a matrimonial dispute on 24.10.2023 and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondents, 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-3 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 S.T.No.1044/2023 on the files of the Grama Nyayalaya, Vadavucode at Kolenchery are quashed.

This Criminal Miscellaneous Case is allowed as above.

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