In Gian Singh v. State of Punjab & Anr.

OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,THIRUVANANTHAPURAM ................... PETITIONER/ACCUSED : 1 2 3 RAKESH KAMAL, AGED 29 YEARS S/O RAVINATH, JNRA-D 24/1, KAMALALAYAM HOUSE, NEDUMKAD WARD, MANACAUD VILLAGE, THIRUVANANTHAPURAM, PIN – 695 009. JIBIN SASI AGED 34 YEARS S/O SASI, JJ BHAVAN, VLANGA MURI, PIRAYUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM ., PIN – 695 141. SARATH, AGED 37 YEARS S/O SANJEEV BABU, BANK VIEW HOUSE, TC 21/451, ARANNOOR WARD, MANACAUD, THIRUVANANTHAPURAM, PIN – 695 009. BY ADV LATHEESH SEBASTIAN RESPONDENT/STATE & INJURED : 1 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. STATION HOUSE OFFICER, KARAMANA POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN – 695 002. CRL.MC 1185/2024 2 3 VAISHAKH AGED 34 YEARS S/O NANDAKUMAR, AGED 34 YEARS, KARTHIKA, TC 50/5170-2, MRA-112, MARVEL RESIDENTS, NEAR MARUTHOOR KADAVU, MANACAUD, THIRUVANANTHAPURAM, PIN – 695 009. SRI. RANJITH T.R. (PP) SMT.NEETHU S.-R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

01.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC 1185/2024 3 BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C. No.1185 of 2024 …................................................ Dated this the 1st day of April, 2024 ORDER Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

Petitioners are accused in C.C.No.745/2017 on the files of the Judicial First Class Magistrate Court-I, Thiruvananthapuram, arising out of Crime No.469/2017 of Karamana Police Station, registered for the offences punishable under Sections 294(b), 323, 324 r/w Section 34 of the Indian Penal Code, 1860. The third respondent is the de facto complainant.

According to the prosecution, accused had, on 23.03.2017 assaulted the de facto complainant and abused him, thereby committing the offences alleged.

Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor. CRL.MC 1185/2024 4

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.

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].

I have perused Annexure-2 affidavit filed by the third 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 CRL.MC 1185/2024 5 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.745/2017 on the files of the Judicial First Class Magistrate Court-I, Thiruvananthapuram, are quashed. This Crl.M.C is allowed as above. sd/- BECHU KURIAN THOMAS JUDGE AMV/01/04/2024 CRL.MC 1185/2024 6 APPENDIX OF CRL.MC 1185/2024 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FINAL REPORT OF THE 2ND RESPONDENT IN CRIME NO 469/2017 OF KARAMANA POLICE STATION. ANNEXURE 2 ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT. TRUE COPY