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2023 Supreme(Online)(KER) 24833
ABDUL HAMEED – Appellant
Versus
STATE OF KERALA – Respondent
Criminal proceedings can be quashed if the victim has no grievance.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - NO GRIEVANCE - STATEMENT BY VICTIM - PRINCIPLE LAID DOWN BY THE APEX COURT IN STATE OF MADHYA PRADESH V LAXMI NARAYAN AND OTHERS (2019 (5) SCC 688) - PROCEEDINGS QUASHED.
Fact of the Case:
The petitioners were accused in a criminal case arising from a complaint filed by the 3rd respondent. The 3rd respondent later submitted a statement stating that he had no grievance and had not received any 'nokkukooli' from the petitioners. The District Labour Officer closed the matter, and the 3rd respondent filed an affidavit stating that he had no grievance against the petitioners.
Finding of the Court:
The court held that in light of the principle laid down by the Apex Court in State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688), the proceedings need not be continued against the petitioners.
Issues: Whether the criminal proceedings should be quashed in light of the victim's statement that he had no grievance.
Ratio Decidendi: The court relied on the principle laid down by the Apex Court in State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688), which held that proceedings need not be continued against the accused if the victim has no grievance.
Final Decision: The court allowed the petition and quashed all further proceedings against the petitioners.
ORDER
This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).
2. The petitioners are the accused in C.C.No.1369/2020 on the file of the Judicial First Class Magistrate Court, Piravom arising from Crime No.398/2018 of Mulanthuruthy Police Station. The above case is registered based on a complaint submitted by the additional 4th respondent who received a complaint from the 3rd respondent. Now the additional 4th respondent obtained a statement from the 3rd respondent, in which, the 3rd respondent submitted that, he has no grievance and no ‘nokkukooli’ was received by the petitioners. Accordingly, the District Labour Officer closed the matter. Moreover, an affidavit is also filed by the 3rd respondent stating that he has no grievance against the petitioners.
3. The Public Prosecutor submitted that the 3rd respondent gave a statement to the 4th respondent stating that he has no grievance.
4. In such circumstances, in the light of the principle laid down by the Apex Court in State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688), the proceedings need not be continued against the petitioners.
Therefore, this Crl.M.C is allowed. All further proceedings against the petitioners in C.C.No.1369/2020 on the file of the Judicial First Class Magistrate Court, Piravom arising from Crime No.398/2018 of Mulanthuruthy Police Station are quashed.
