Allowed

Praveen Balan v. State of Kerala

Kerala HC20 May 2024Crl.MC/2140/2024

Case brief

AI extract

What is this about?

Six accused sought quashing of proceedings for an alleged unlawful-assembly assault after settlement with the defacto complainant and the injured witness. Verified affidavits confirmed amicable resolution; proceedings under Section 482 CrPC were quashed.

What did the court decide?

All proceedings against petitioners in Crime No. 849 of 2023 of Pulikeezhu Police Station, Pathanamthitta quashed.

Praveen Balan Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946

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CRL.MC NO. 2140 OF 2024

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CRIME NO.849/2023 OF Pulikeezhu Police Station, Pathanamthitta PETITIONERS/ACCUSED 1 TO 6:

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1PRAVEEN BALAN
AGED 25 YEARS
THURUTHY PADINJARETHIL, UMAYATTUKARA, KALLISSERY,
THIRUVANDOOR, ALAPPUZHA, PIN - 689124

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2 VISHUNUKUMAR.M AGED 23 YEARS S/O. MURALEEDHARAN PILLAI, KOTTARATHIL HOUSE, MAZHUKEER, KALLISSERRY P.O, THIRUVANDOOR VILLAGE, CHENGANNUR, PIN - 689124

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3 ABILASH.S AGED 24 YEARS

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S/O. SUBASH, KALLUPARAMBIL HOUSE, MAZHUKEER,
KALLISSERRY P.O., THIRUVANDOOR VILLAGE, CHENGANNUR, PIN
- 689124

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4 BINU.P.B AGED 24 YEARS S/O. BABU, PANDARASSERIYIL HOUSE, MAZHUKEER, KALLISSERRY P.O., THIRUVANDOOR VILLAGE, CHENGANNUR, PIN - 689124

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5 ANOOP MOHAN AGED 23 YEARS S/O. MOHAN, KOCHADATTIL HOUSE, MAZHUKEER, KALLISSERRY P.O, THIRUVANVANDOOR VILLAGE, CHENGANNUR, PIN - 689124

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6 ATHUL S. NAIR AGED 23 YEARS S/O. SASIDHARAN NAIR, KALLURETHU SASIBHAVANAM, PRAVINKOODU, MAZHUKEER, KALLISSERRY P.O., THIRUVANVANDOOR VILLAGE, CHENGANNUR, PIN - 689124 BY ADV AJMAL P.

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031

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2 AFSAL HUSSAIN AGED 19 YEARS

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S/O. HUSSAIN, KAVIL THEKKETHIL VEEDU, ZERO LAND COLONY,
VALANJAVATTOM P.O, KADAPRA, PATHANAMTHITTA, PIN -

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CRL.MC NO. 2140 OF 2024

¶19

¶20

689104
3ALAN MON K SATHEESH
S/O SATHEESH, PONMELIL THUNDIPARAMBIL VEED,
VALANJAVATTOM P.O KADAPRA, PATHANAMTHITTA,
KERALA
(* IMPLEADED AS ADDITIONAL RESPONDENT NO.3 AS
PER ORDER DATED 20-05-2024 IN CRL.M.A.NO.1 OF
2024*)
BY ADVS.
Sreeraj M D
No Advocate

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 20.05.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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CRL.MC NO. 2140 OF 2024

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BECHU KURIAN THOMAS, J.

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Crl.M.C.No. 2140 of 2024

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Dated this the 20^th day of May, 2024

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ORDER

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Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.

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Petitioners are accused Nos 1 to 6 in Crime No. 849 of 2023 of Pulikeezhu Police Station, Pathanamthitta, registered for the offences under Sections 143, 147, 148, 323, 324, 326 and 308 r/w Section 149 of the Indian Penal Code, 1860. Second respondent is the defacto complainant and third respondent is the injured witness.

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According to the prosecution, on 02-11-2022, the accused in furtherance of their common intention formed themselves into an unlawful assembly and assaulted the defacto complainant with a iron knife and caused injury thereby committing the offences alleged.

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Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.

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CRL.MC NO. 2140 OF 2024

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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.

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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].

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I have perused Annexure A4 and Annexure A8 affidavits filed by respondents 2 and 3. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponent stand 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.

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CRL.MC NO. 2140 OF 2024

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Accordingly, all proceedings against the petitioners in

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Crime No. 849 of 2023 of Pulikeezhu Police Station,

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Pathanamthitta are quashed.

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This Crl.M.C is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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AJM/20/5/24

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CRL.MC NO. 2140 OF 2024

¶47

¶48

APPENDIX OF CRL.MC 2140/2024

¶49

PETITIONER ANNEXURES

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Annexure A1CERTIFIED COPY OF THE F.I.R IN CRIME
NO.849/2023,DT.03-11-2023OF
PULIKEEZHUPOLICESTATION,

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PATHANAMTHITTA DISTRICT.
Annexure A2TRUE COPY OF THE BAIL ORDER DT.27-02-
2023.
Annexure A3CERTIFIEDCOPYOFTHEFIRST
INFORMATIONREPORTINCRIME
NO.852/2023 OF PULIKEEZHU POLICE
STATION, PATHANAMTHITTA DISTRICT.
Annexure A4TRUE COPY OF THE AFFIDAVIT DT.13-02-
2023, SWORN BY THE 2ND RESPONDENT.
Annexure A5TRUE COPY OF THE AFFIDAVIT DT.05-02-
2023 OF THE 1ST PETITIONER.
Annexure A6TRUE COPY OF THE AFFIDAVITS PRODUCED
BY THE 1ST PETITIONER'S MOTHER DT.05-
02-2023.
Annexure A7TRUE COPY OF THE AFFIDAVITS PRODUCED
BY THE 1ST PETITIONER'S FRIEND DT.12-
02-2023
Annexure A8AFFIDAVIT BY THE ADDITIONAL 3RD
RESPONDENT

Praveen Balan v. State of Kerala

Case brief

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Praveen Balan v. State of Kerala

Case brief

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