In Gian Singh v. State of Punjab & Anr.
Case at a glance
Provisions considered
Key paragraphs
- Para 66. 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…
- Para 88. Accordingly, all proceedings against the petitioners in C.C. No.233 of 2021 on the files of the Judicial First Class Magistrate's Court-I, Kannur are quashed. This Crl.M.C is allowed as above. RKM Sd/- BECHU KURIAN THOMAS, JUDGE CRL.MC NO. 4317 OF 2024 4 APPENDIX OF…
Judgment
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 RAJITHA ERAYIL AGED 42 YEARS D/O. P.V. KARUNAKARAN, CHAVANAPUZHA, PANNIYOOR P.O, KARIMBAM, TALIPARAMBA, KANNUR DISTRICT, PIN - 670142 BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR BY ADV.MURSHID ALI M. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 4317 OF 2024 2 BECHU KURIAN THOMAS, J. =-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C.No.4317 of 2024 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 5th day of June, 2024 ORDER Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
Petitioners are the accused in C.C. No.233 of 2021 on the files of the Judicial First Class Magistrate's Court-I, Kannur, arising out of Crime No.726 of 2012 of Kannur Town Police Station, registered for the offences under Sections 463, 464, 465, 467, 468, 471, 472 and 474 r/w Section 34 of the Indian Penal Code, 1860. The 2nd respondent is the defacto complainant.
According to the prosecution, the accused had on 27.05.2011 forged the power of attorney of the defacto complainant and thereby committed the offences alleged.
Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from 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, considering the nature of offences alleged, no purpose would be served by continuing the proceedings. CRL.MC NO. 4317 OF 2024 3
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 A3 affidavit filed by the 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.233 of 2021 on the files of the Judicial First Class Magistrate's Court-I, Kannur are quashed. This Crl.M.C is allowed as above. RKM Sd/- BECHU KURIAN THOMAS, JUDGE CRL.MC NO. 4317 OF 2024 4 APPENDIX OF CRL.MC 4317/2024 PETITIONERS' ANNEXURES : Annexure A1 Annexure A2 Annexure A3 CERTIFIED COPY OF THE FIR IN CRIME. NO. 726/2012 OF KANNUR TOWN POLICE STATION TRUE COPY OF THE FINAL REPORT DATED 21-04-2014 IN CRIME NO. 726/2012 OF KANNUR TOWN POLICE STATION THE ORIGINAL AFFIDAVIT DATED 26-04-2024 SWORN IN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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