IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 25^TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 CRL.MC NO. 2313 OF 2024 CRIME NO.327/2022 OF KANNUR CITY POLICE STATION, KANNUR AGAINST THE ORDER/JUDGMENT DATED IN CC NO.650 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KANNUR PETITIONER/ACCUSED :

1 LENIN KOSHY, AGED 24 YEARS S/O. KOSHI GILBARTT, HOUSE NO.132 F, BURNASSERY, PIN – 670 001.

2 KEVIN SUNIL, AGED 23 YEARS S/O. SANTHACRUZE, HOUSE NO. 166 C, BURNASSERY, PIN – 670 001.

3 ASHIK CHACKO,AGED 24 YEARS S/O. SUDHEER WILLIAM, HOUSE NO. 166 A, BURNASSERY, PIN - 670001

4 JESIN CHRISTY, AGED 22 YEARS S/O CHRISTY JOSEPH, HOUSE NO. 46 E, BURNASSERY, PIN – 670 001.

BY ADVS.

RAHUL SASI NEETHU PREM P.ARDRA MENON ALFIN NADARSHAW ANJANA V.

RESPONDENT/STATE/DEFACTO COMPLAINANT :

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

2 SAM WELLINGTON AGED 29 YEARS S/O. VINEETH TERENCE, HOUSE NO:79 B, CONVENT ROAD, BURNASSERY, KANNUR, PIN – 670 001.

BY ADV MIDU DEV PREM SMT. SREEJA V. (PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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

Crl.M.C.No.2313 of 2024 …................................................

Dated this the 25^th day of March, 2024 ORDER Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

2. Petitioners are accused Ns.1 to 4 in C.C.No.650/2022 on the files of the Judicial First Class Magistrate Court-II, Kannur, arising out of Crime No.327/2022 of Kannur City Police Station, registered for the offences punishable under Sections 341, 323, and 324 r/w Section 34 of the Indian Penal Code, 1860. The second respondent is the defacto complainant.

3. According to the prosecution, accuded had, on 14.06.2022 restrained the de facto complainant and assaulted him with iron rods, thereby committing 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 Anothe r [(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 second respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the de facto 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.

Accordingly, all proceedings against the petitioners in C.C.No.650/2022 on the files of the Judicial First Class Magistrate Court-II, Kannur, are quashed. This Crl.M.C is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/27/03/2024 APPENDIX OF CRL.MC 2313/2024 PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT ALONG WITH THE MEMO OF EVIDENCE DATED 29.04.2022 IN CRIME NO. 327 OF 2022 KANNUR CITY POLICE STATION, IS PRODUCED HEREWITH AND MARKED FOR REFERENCE.

ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 03.02.2024 IS PRODUCED HEREWITH AND MARKED FOR REFERENCE.

TRUE COPY