Sunil Kumar K.K.Vs State Of Kerala

High Court Of Kerala 12 Feb 2024 Criminal Miscellaneous Petition No. 557 Of 2024
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous Petition No. 557 Of 2024

Hon'ble Bench

Bechu Kurian Thomas, J

Advocates

Arun Kumar.P, Thiyyannoor Ramakrishnan, Ambika Radhakrishnan, Kavya Suresh, Noushad K.A

Final Decision

Allowed

Acts Referred

Code of Criminal Procedure, 1973 — Section 482#Indian Penal Code, 1860 — Section 294(b), 323, 324, 341

Judgement Text

Translate:

Bechu Kurian Thomas, J

1. Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against her.

2. Petitioner is the accused in C.C. No.536 of 2023 on the files of the Judicial Magistrate of First Class-I, Kothamangalam, arising out of Crime

No.1319 of 2023 of Kothamangalam Police Station, Ernakulam, registered for the offences under Sections 341, 323, 324 and 294(b) of the Indian

Penal Code, 1860. 2nd respondent is the defacto complainant.

3. According to the prosecution, on 27.08.2023, the accused had after restraining the defacto complainant abused and assaulted him thereby

committed the offences alleged.

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

5. The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner 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 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-3 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 petitioner in C.C. No.536 of 2023 on the files of the Judicial Magistrate of First Class-I, Kothamangalam

are quashed.

This Crl.M.C is allowed as above.

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