Accused in a case under Sections 294(b), 323 and 506 IPC sought quashing of proceedings on the ground of settlement. The de facto complainant's affidavit was verified as genuine. Holding no public interest was involved, the court quashed all proceedings against the petitioners.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
CRL.MC NO. 356 OF 2024
CRIME NO.744/2019 OF KANNANALLOOR POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT CC 788/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,KOTTARAKKARA
PETITIONER/S:
1 RONAK,AGED 42 YEARS S/O V.P RADHAKRISHNA PILLAI, DEVALAYAM VEEDU, MUNDAKKAL, KOLLAM, PIN – 691 010.2 INDUCHUDAN, AGED 52 YEARS S/O RAMANUJAN PILLAI, INDRAPRASTHAM, WEST KALLADA, NADUVILAKKARA, KOLLAM – 691 500. BY ADV BHARATH MOHANRESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT – 682 031.2 THE SUB INSPECTOR OF POLICE VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN – 695 607.3 V P RADHAKRISHNA PILLAI S/O VENUGOPALA PILLAI, DEVU ALAYAM, UDAYAMARTHANDAM, MUNDAKKAL, KOLLAM, PIN – 691 010. BY ADV N.KRISHNA PRASAD, R3 SRI.NOUSHAD K.A., PPTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 356 OF 2024
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BECHU KURIAN THOMAS, J
......….............................................
Crl.M.C.No.356 of 2024
…................................................
Dated this the 16th day of February, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
Judicial First Class Magistrate Court-II, Kottarakara, arising out of Crime No.744/2019 of Kannanelure Police Station, registered for the offences punishable under Sections 294(b), 323, and 506 r/w Section 34 of the Indian Penal Code, 1860. The third respondent is the defacto complainant.
CRL.MC NO. 356 OF 2024
3
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.
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].
CRL.MC NO. 356 OF 2024
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Accordingly, all proceedings against the petitioners in C.C.No.788 of
2019 on the files of the Judicial First Class Magistrate Court-II,
Kottarakara, are quashed.
This Crl.M.C is allowed as above.
sd/BECHU KURIAN THOMAS JUDGE
AMV/17/02/2024
CRL.MC NO. 356 OF 2024
5
APPENDIX OF CRL.MC 356/2024
PETITIONER ANNEXURES
ANNEXURE A |
A TRUE744/2019 |
COPY OFOF T |
THE F.I.R. IN CRIME NOHE KANNANELURE POLICE |
|---|---|---|---|
STATION,2019. |
KOLLAM |
DISTRICT DATED, 09-11- |
|
ANNEXURE B |
A TRUE19/11/20 |
COPY OF19. |
THE FINAL REPORT DATED |
ANNEXURE C |
A TRUE2023 OF |
COPY OF TTHE 3RD R |
HE AFFIDAVIT DATED 10-12-ESPONDENT. |
TRUE COPY
1 issue framed by the court
Whether criminal proceedings under Sections 294(b), 323 and 506 IPC should be quashed on the basis of an amicable settlement with the de facto complainant.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶6
(2012) 10 SCC 303 · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherRelied on¶6
(2014) 6 SCC 466 · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherRelied on¶6
(2014) 9 SCC 653 · Who else cites this
2 provisions across 2 enactments
Ronak
Induchudan
The State of Kerala
Sub Inspector of Police, Venjaramoodu Police Station
V P Radhakrishna Pillai
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court