In Gian Singh v. State of Punjab & Anr.

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 AJI.E.A AGED 30 YEARS, S/O. ANILKUMR, ELAKKANAMPARAMBIL HOUSE @ ELAMKUNNAMPARAMBIL HOUSE,COLONY BHAGOM, KAMBIVELIKKAKOM, POOTHOTTA P.O UDAYAMPEROOR, MANAKUNNAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN - 682307 BY ADV K.K.VINOD CRL.MC NO. 2306 OF 2024 2 OTHER PRESENT: SRI. T.R. RANJITH (PP) SRI.K.K.VINOD. R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

25.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2306 OF 2024 3 BECHU KURIAN THOMAS, J. ======================== Crl. M.C. No. 2306 of 2024 ======================== Dated this the 25th day of March, 2024

O R D E R Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

Petitioners are accused in C.C.No.28/2023 on the files of the Judicial First Class Magistrate Court, Tripunithura arising out of Crime No.945/2022 of Udaymperor Police Station, registered for the offences under Sections 341, 323, 324 and 294(b) read with Section 34 of the Indian Penal Code, 1860. 2nd respondent is the defacto complainant.

According to the prosecution, the accused had on

26.11.2022 restrained the defacto complainant and assaulted him and thereby committed the offences alleged.

Heard the learned counsel for the petitioners and the learned counsel appearing for the 2nd respondent as well as the learned Public Prosecutor.

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, CRL.MC NO. 2306 OF 2024 4 considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

The learned Public Prosecutor upon instructions submitted that the first petitioner is involved in another crime. Therefore, the proceedings ought not to be quashed on the basis of settlement. However, since the counter case to the instant case has already been settled by the parties and quashed by this Court in Crl.M.C No. 2306/2024, I am satisfied that despite several other criminal cases against the 1st petitioner, the proceedings can be quashed on the basis of the settlement. Though the learned Public Prosecutor submitted that the petitioner is involved in another criminal case, I am of the view that no purpose would be achieved by continuing this prosecution. In the light of the settlement arrived at between the parties.

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 CRL.MC NO. 2306 OF 2024 5 653].

I have perused Annexure-III affidavit filed by 2nd 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.

Accordingly, all proceedings against the petitioners in C.C.No.28/2023 on the files of the Judicial Magistrate of First Class, Thripunithura are quashed. This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS JUDGE CRL.MC NO. 2306 OF 2024 6 APPENDIX OF CRL.MC 2306/2024 PETITIONER ANNEXURES Annexure I Annexure II Annexure III CERTIFIED COPY OF THE FIR NO 945/2022 ALONG WITH THE FL STATEMENT GIVEN BY THE 2ND RESPONDENT DATED 28.11.2022 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.945/22 DATED 28.11.2022 AFFIDAVIT SWORN BY THE 2ND RESPONDENT