Allowed

Aneesh @ Ani v. State of Kerala

Kerala HC2 Jul 2024Crl.MC/4729/2024

Case brief

AI extract

What is this about?

Accused sought quashing of proceedings for offences under Sections 294(b), 323, 341 and 506 r/w 34 IPC on the ground that the dispute with the defacto complainant was amicably settled. The court verified the complainant's affidavit and quashed all proceedings.

What did the court decide?

All proceedings against the petitioners in Crime No. 472 of 2024 of Chingavanam Police Station, Kottayam quashed.

Aneesh @ Ani 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

TUESDAY, THE 2ND DAY OF JULY 2024 / 11TH ASHADHA, 1946

¶5

CRL.MC NO. 4729 OF 2024

¶6

CRIME NO.472/2024 OF Chingavanam Police Station, Kottayam

¶7

PETITIONERS:

¶8

1ANEESH @ ANI
AGED 49 YEARS
S/O. KUNJUMON
MADATHIPARAMBIL HOUSE,
POOVANTHURUTHU,
PANACHIKKADU,
KOTTAYAM, PIN - 686012
2ABHIRAM
AGED 20 YEARS
S/O. ANEESH@ANI,
MADATHIPARAMBIL HOUSE,
POOVANTHURUTHU,
PANACHIKKADU,
KOTTAYAM, PIN - 686012
3RAJESH KUMAR
AGED 51 YEARS
S/O. K.K RAJU,
PUTHENPARAMBIL HOUSE,
POOVANTHURUTHU P.O.,
KOTTAYAM, PIN - 686012
4SAJEESH KUMAR P.R
AGED 49 YEARS
S/O. K.K RAJU,
PUTHENPARAMBIL HOUSE,
POOVANTHURUTHU P.O.,
KOTTAYAM, PIN - 686012
BY ADVS.
BIJITH S.KHAN
ROY ANTONY

¶9

RESPONDENTS:

¶10

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

¶11

2 STATION HOUSE OFFICER CHINGAVANAM POLICE STATION, KOTTAYAM, PIN - 686531

¶12

CRL.MC NO. 4729 OF 2024

¶13

2

¶14

3SUBIN KUMAR P.S
AGED 34 YEARS
S/O. SABU P.S.,
RESIDING AT PERUMTHURUTHIL HOUSE,
PAKKIL P O, PANACHIKKAD,
KOTTAYAM, PIN - 686012
BY ADV RAJESH O.N.

¶15

OTHER PRESENT:

¶16

SRI. SREEJA V (PP)

¶17

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 02.07.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

¶18

CRL.MC NO. 4729 OF 2024

¶19

¶20

BECHU KURIAN THOMAS, J.

¶21

Crl.M.C. No. 4729 of 2024

¶22

Dated this the 2^nd day of July, 2024

¶23

ORDER

¶24

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

¶25

Petitioners are accused 1 to 4 in Crime No. 472 of 2024 of Chingavanam Police Station, Kottayam, registered for the offences under Sections 294(b), 323, 341 and 506 r/w Section 34 of the Indian Penal Code, 1860. Third respondent is the defacto complainant.

¶26

According to the prosecution, the accused had on 24-04-2024 abused the defacto complainant and assaulted him after restraining him and thereby committed the offences alleged.

¶27

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

¶28

The learned counsel for the petitioners submitted that

¶29

¶30

CRL.MC NO. 4729 OF 2024

¶31

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.

¶32

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].

¶33

I have perused Annexure A2 affidavit filed by the 3^rd 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.

¶34

Accordingly, all proceedings against the petitioners in Crime No. 472 of 2024 of Chingavanam Police Station, Kottayam

¶35

CRL.MC NO. 4729 OF 2024

¶36

¶37

are quashed.

¶38

This Crl.M.C is allowed as above.

¶39

 Sd/-

¶40

BECHU KURIAN THOMAS JUDGE

¶41

AJM

¶42

CRL.MC NO. 4729 OF 2024

¶43

¶44

APPENDIX OF CRL.MC 4729/2024

¶45

PETITIONER ANNEXURES
Annexure A1A TRUE COPY OF FIR NO 472/2024 DATED
25.04.2024 OF THE CHINGAVANAM POLICE
Annexure A2TRUE COPY OF THE AFFIDAVIT FILED BY
THE3RDRESPONDENT/DEFACTO
COMPLAINANT DATED 20.05.2024

Aneesh @ Ani v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aneesh @ Ani 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

Jyothi George Vs Smt. Meera

Harikrishnan Vs State of Kerala

Prasanth Narayanan Nair Vs Athira Krishna L

Prakeerth P Vs State of Kerala

Leju Vs State of Kerala

Sreeja Anil Vs Reji Kallamvila