RAJENTH M.R v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-24. RAJENTH M.R v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TH WEDNESDAY, THE 24 DAY OF JULY 2024 / 2ND SRAVANA, 1946 CRL. MC NO. 5626 OF 2024 CRIME NO. 391/2024 OF Kuravilangadu Police Station, Kottayam PETITIONERS: 1 RAJENTH M. R AGED 37 YEARS S/O M. K. RAJAPPAN, MANJAKUNNEL HOUSE, MANNACKANADU, MANNACKANADU P. O. , MEENACHIL TALUK, KOTTAYAM, PIN - 686633 2 RAJESH S. NAIR AGED 40 YEARS S/O V. N. SOMASEKHARAN NAIR, RESIDING AT GEETHALAYAM, KURICHITHANAM, KURICHITHANAM P. O. , MEENACHIL TALUK, KOTTAYAM, PIN - 686634 BY ADVS. NIRMAL V NAIR MOHAMMED MUSHTHAQ S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 ABBAS P. S. AGED 55 YEARS S/O SAID MUHAMMAD RESIDING AT UPPATHEZHATHU HOUSE, CHALAKKAPPARA BHAGOM, KULAYETTIKKARA P. O. , AMBALLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN - 682315 BY ADV ENCIL K. SABU OTHER PRESENT: SRI. NOUSHAD K. A. (PP) THIS CRIMINAL MISC.
CASE HAVING COME UP FOR ADMISSION ON 24. 07. 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J. ----------------------------------------- Crl. M. C. No. 5626 of 2024 ----------------------------------------th Dated this the 24 day of July, 2024 ORDER Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them. 2. Petitioners are the accused in Crime No. 391 of 2024 of Kuravilangadu Police Station, Kottayam, registered for the offences under Sections 323 and 332 r/w Section 34 of the Indian Penal Code, 1860 apart from Sections 4(1) and 3 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012. Second respondent is the defacto complainant. 3.
According to the prosecution, the accused had on 14-04-2024 assaulted the defacto complainant who was working as a Nursing Assistant and thereby committed the offences alleged. 4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor. 5. 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. 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]. nd 7. I have perused Annexure A2 affidavit filed by the 2 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 petitioners in Crime No. 391 of 2024 of Kuravilangadu Police Station, Kottayam are quashed. This Crl. M. C is allowed as above. Sd/- BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL. MC 5626/2024 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR DATED 15-4- 2024 IN CRIME NO.
391/2024 OF THE KURAVILANGADU POLICE STATION Annexure A2 THE AFFIDAVIT DATED 25-6-2024 SWORN BY THE 2ND RESPONDENT
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.