In Gian Singh v. State of Punjab

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 THE STATION HOUSE OFFICER NJARAKKAL POLICE STATION, ERNAKULAM, PIN - 682505 TONY JOSEPH AGED 21 YEARS S/O JOSEPH, KANAPPILLY HOUSE, PERUMPILLY, NJARAKKAL, ERNAKULAM, KERALA, INDIA, PIN - 682505 BY ADV NEERAJ T.N. SMT. SREEJA V. (PP) CRL.MC NO. 1598 OF 2024 2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

05.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1598 OF 2024 3 BECHU KURIAN THOMAS, J. ==================== Crl.M.C.No.1598 of 2024 ===================== Dated this the 5th 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 in Crime No.1408/2023 of Narakkal Police Station, Ernakulam District, registered for the offences under Sections 294(b), 341 and 323 r/w Section 34 of the Indian Penal Code, 1860. The 3rd respondent is the defacto complainant.

#3. According to the prosecution, the accused had, on

09.12.2023, restrained the defacto complainant and assaulted him due to previous enmity, and thereby committed 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 [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can CRL.MC NO. 1598 OF 2024 4 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 v. State of Punjab [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

#7. I have perused Annexure 2 affidavit filed by the 3 rd 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.

#9. Accordingly, all proceedings against the petitioners in Crime No.1408/2023 of Narakkal Police Station, Ernakulam District, are quashed. This Crl.M.C is allowed. sd/ BECHU KURIAN THOMAS JUDGE jm/ CRL.MC NO. 1598 OF 2024 5 APPENDIX OF CRL.MC 1598/2024 PETITIONER ANNEXURES Annexure 1 Annexure 2 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 1408/2023 OF NJARAKKAL POLICE STATION THE TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 02.02.2024