In Gian Singh v. State of Punjab & Anr.

MAGISTRATE OF FIRST CLASS,THIRUVALLA PETITIONER/ACCUSED NO.1: TIJO MON THOMAS, AGED 32 YEARS, S/O THOMAS VARGHESE, CHERUMUTTADATHU, PALACKATHAKIDI P.O., KUNNAMTHANAM, PATHANAMTHITTA DISTRICT, PIN – 689 581. BY ADVS. SIDHARTH O. SUSANTH SHAJI V.V.SHAJI ALBIN A. JOSEPH RESPONDENTS/STATE/INVESTIGATING OFFICER/DEFACTO COMPLAINANT : 1 2 3 4 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. THE STATION HOUSE OFFICER, KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR, PATHANAMTHITTA DISTRICT, PIN – 689 587. SUB INSPECTOR OF POLICE, KEEZHVAIPUR POLICE STATION KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR, PATHANAMTHITTA DISTRICT – 689 587. THANKAMANI M.V., AGED 61 YEARS W/O LATE SREENIVASAN, EASWARAMANGALATHU, MALLAPALLY, KEEZHVAIPUR, PATHANAMTHITTA DISTRICT – 689 587. CRL.MC NO. 1497 OF 2024 2 5 ADDL. R5 TO R7 ANISHKUMAR E.S., AGED 40 YEARS, S/O. SREENIVASAN, EASWARAMANGALATHU, MALLAPALLY, KEEZHVAIPUR, PATHANAMTHITTA DISTRICT – 689 587. ABHILASH KUMAR E.S, AGED 37 YEARS S/O. SREENIVASAN, EASWARAMANGALATHU, MALLAPALLY, KEEZHVAIPUR, PATHANAMTHITTA DISTRICT – 689 587. ABHIJITH KUMAR E.S, AGED 33 YEARS S/O. SREENIVASAN, EASWARAMANGALATHU, MALLAPALLY, KEEZHVAIPUR, PATHANAMTHITTA DISTRICT – 689 587. 6 7 ARE IMPLEADED AS PER ORDER DATED 07.03.2024 IN CRL.M.A.NO.2 OF 2024. BY ADV ANWIN JOHN ANTONY – R4 TO R7 SMT. SREEJA V. (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

07.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1497 OF 2024 3 BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C.No.1497 of 2024 …................................................ Dated this the 7th day of March, 2024 ORDER Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.

Petitioner is the first accused in C.C.No.781/2023 on the files of the Judicial First Class Magistrate Court-I, Thiruvalla, arising out of Crime No.198/2023 of Keezhvaipur Police Station, registered for the offences under Sections 341, 323, 294(b), and 506 r/w Section 34 of the Indian Penal Code, 1860. The 4 th respondent is the de facto complainant.

According to the prosecution, the accused had on 24.03.2023 abused the de facto complainant and assaulted him, thereby committing the offences alleged.

Heard the learned counsel for the petitioner and the learned counsel for the respondent, apart from the learned Public Prosecutor. CRL.MC NO. 1497 OF 2024 4

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.

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-A4 affidavit filed by the 4th 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 CRL.MC NO. 1497 OF 2024 5 quashing. The continuance of the proceedings will only be an exercise in futility.

Accordingly, all proceedings against the petitioner in C.C.No.781/2023 on the files of the Judicial First Class Magistrate Court-I, Thiruvalla, are quashed. This Crl.M.C is allowed as above. sd/- BECHU KURIAN THOMAS JUDGE AMV/14/03/2024 CRL.MC NO. 1497 OF 2024 6 APPENDIX OF CRL.MC 1497/2024 PETITIONER ANNEXURES ANNEXURE A1 ANNEXURE A2 ANNEXURE A3 ANNEXURE A4 ANNEXURE A5 ANNEXURE A6 ANNEXURE A7 AND DEATHS, CERTIFIED COPY OF THE FIR DATED 25.03.2023 IN CRIME NO. 198/2023 ON THE FILES OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT CERTIFIED COPY OF THE FINAL REPORT DATED 28.03.2023 IN CRIME NO. 198/2023 ON THE FILES OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF SRI. AJITH KUMAR DATED 01.02.2024 ISSUED BY THE REGISTRAR OF BIRTHS THIRUVALLA MUNICIPALITY ORIGINAL OF THE CONSENT AFFIDAVIT DATED 09.02.2024 ISSUED BY 4TH RESPONDENT ORIGINAL OF THE AFFIDAVIT DATED 01/03/2024 SUBMITTED BY SHRI. ABIJITH KUMAR E.S, THE BROTHER OF THE DEFACTO COMPLAINANT ORIGINAL OF THE AFFIDAVIT DATED 01/03/2024 SUBMITTED BY SHRI. ABHILASH KUMAR E.S, THE BROTHER OF THE DEFACTO COMPLAINANT ORIGINAL OF THE AFFIDAVIT DATED 01/03/2024 SUBMITTED BY SHRI. ANISHKUMAR E.S, THE BROTHER OF THE DEFACTO COMPLAINANT TRUE COPY