Allowed

Abijith Pc v. State of Kerala

Kerala HC12 Jun 2024Crl.MC/3543/2024

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a quashing petition under Section 482 Cr.P.C. Inter se criminal proceedings against two accused who were charged with assault and consequent miscarriage. Settlement by the de facto complainant and absence of public interest justified quashing.

What did the court decide?

All proceedings against the petitioners in Crime No.263/2024 of Valappad Police Station, Thrissur were quashed.

Abijith Pc Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946

¶5

CRL.MC NO. 3543 OF 2024

¶6

CRIME NO.263/2024 OF VALAPPAD POLICE STATION, THRISSUR

¶7

PETITIONERS/ACCUSED NOS. 1 & 2:

¶8

1ABIJITH PC
AGED 41 YEARS
S/O APPU, KANNAMBULLI HOUSE, KAZHIMBARAM, VALAPPAD,
THRISSUR DISTRICT, PIN – 680567.

¶9

2ROSHAN V.S
S/O SUNIL KUMAR, VAZHAPPULLY, EDAMUTTAM, THRISSUR
DISTRICT, PIN – 680568.
BY ADVS.
T.K.SANDEEP
SWETHA R.

¶10

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

¶11

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

¶12

2SAJAN
AGED 45 YEARS
S/O GOPALAN, KAREEPADATH HOUSE, VALAPPAD VILLAGE,
THRISSUR DISTRICT, PIN – 680567.

¶13

ADV HARIKRISHNAN P.B. - R2
SRI. ASHI M.C – PUBLIC PROSECUTOR

¶14

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Crl.M.C. No.3543 of 2024

¶16

¶17

BECHU KURIAN THOMAS, J

¶18

......….............................................

¶19

Crl.M.C.No.3543 of 2024

¶20

…................................................

¶21

Dated this the 12^th day of June, 2024

¶22

ORDER

¶23

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

¶24

Petitioners are accused 1 and 2 in Crime No.263/2024 of Valappad Police Station, Thrissur registered for the offences punishable under Sections 341,

¶25

323 and 326 r/w Section 34 of the Indian Penal Code, 1860. The second respondent is the de facto complainant.

¶26

According to the prosecution, accused had on 17.03.2024 restrained the de facto complainant, and assaulted him inflicting grievous injuries and thereby committed the offences alleged.

¶27

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

¶28

The learned counsel for the petitioners submitted that the matter has been

¶29

settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences

¶30

Crl.M.C. No.3543 of 2024

¶31

¶32

alleged, no purpose would be served by continuing the proceedings.

¶33

In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the

¶34

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].

¶35

I have perused Annexure-II affidavit filed by the second respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the de facto 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.

¶36

Accordingly, all proceedings against the petitioners in Crime No.263/2024 of Valappad Police Station, Thrissur are quashed.

¶37

This Crl.M.C is allowed as above.

¶38

BECHU KURIAN THOMAS

¶39

AMV/18/06/2024

¶40

Crl.M.C. No.3543 of 2024

¶41

¶42

Crl.M.C. No.3543 of 2024

¶43

¶44

APPENDIX OF CRL.MC 3543/2024

¶45

PETITIONER ANNEXURES

¶46

Annexure ICERTIFIED COPY OF THE F.I.R. DATED 19.03.2024
ALONG WITH FIS IN CRIME NO.263/2024 OF
VALAPPAD POLICE STATION, THRISSUR DIST.
Annexure IIORIGINAL AFFIDAVIT SWORN IN BY THE 2ND
RESPONDENT DATED 25.03.2024.

Abijith Pc v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abijith Pc v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

My Homes Villas and Apartments, Represented by Its Managing Director, K P Jose Vs Meera. K. IAS

Rajeev Vs State of Kerala

Babu Raj Vs State of Kerala

Lithin a Vs State of Kerala

Nijildas.P. Vs State of Kerala

Lakshmikutty Vs State of Kerala