CRL.MC NO. 6572 OF 2024
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2024:KER:66796
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 2ND DAY OF SEPTEMBER 2024 / 11TH BHADRA, 1946
CRL.MC NO. 6572 OF 2024
CRIME NO.344/2020 OF Oonnukal Police Station, Ernakulam SC NO.593 OF 2021 OF ASSISTANT SESSIONS COURT/SUB COURT/
COMMERCIAL COURT, MUVATTUPUZHA
PETITIONERS/ ACCUSED :
1 RIA GEORGE
AGED 40 YEARS, D/O GEORGE,
RESIDING AT PEECHATTU VEEDU, NELLIMATTOM,
KUTTAMANGALAM, ERNAKULAM, PIN - 686693
2 JOBY GEORGE
AGED 35 YEARS, S/O VARGHESE,
THADATHIL VEEDU, INJATHOTTY KARA,
KUTTAMPUZHA, ERNAKULAM, PIN - 686681
BY ADVS.
M.KIRANLAL
T.S.SARATH
R.RAJESH (VARKALA)
MANU RAMACHANDRAN
SAMEER M NAIR
SAILAKSHMI MENON
SMT.AKHILA B.
JOTHISHA K.A.
RESPONDENT/ STATE AND DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 PAUL GEORGE
AGED 43 YEARS, S/O GEORGE,
PEECHAATTUHOUSE, NELLIMATTOMKARA,
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KUTTAMANGALAM, ERNAKULAM, PIN - 686693
BY ADV SABIKH MOHAMMED V S
SRI. C.N. PRABHAKARAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.6572 of 2024
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Dated this the 2nd day of September, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash all proceedings against them.
2. Petitioners are accused 1 and 2 in S.C. No.593 of 2021 on the files of the Assistant Sessions Court, Muvattupuzha, arising out of Crime No.344 of 2020 of Oonnukal Police Station, Ernakulam, registered for the offences under Sections 324 and 308 r/w Section 34 of the Indian Penal Code, 1860. The 2ndrespondent is the defacto complainant.
3. According to the prosecution, the accused had on 25.06.2020 assaulted the defacto complainant 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 and Another [(2012) 10
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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].
7. 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.
8. Accordingly, all proceedings against the petitioners in S.C. No.593 of 2021 on the files of the Assistant Sessions Court, Muvattupuzha are quashed.
This Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
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APPENDIX OF CRL.MC 6572/2024 PETITIONERS' ANNEXURES :
Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO.344/2020
Annexure A2 A TRUE COPY OF THE FINAL REPORT DATED 24.09.2020 IN CRIME NO.346/2020
Annexure A3 THE ORIGINAL AFFIDAVIT SWORN IN BY THE 2ND
RESPONDENT
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