IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
CRL.MC NO. 565 OF 2022
(AGAINST THE ORDER/JUDGMENT IN CC 43/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - I, KARUNAGAPPALLY ARISING OUT OF CRIME
NO.2777/2020 OF THE KARUNAGAPALLY POLICE STATION, KOLLAM DISTRICT)
PETITIONERS/ACCUSED NOS.1 TO 5:
1 SHEEBA,
AGED 39 YEARS,
W/O. SHAREEF, THAVAKKAL HOUSE, KULASEKHARAPURAM,
NEELIKKULAM MURI, KOLLAM DISTRICT, PIN 690 544
2 MAHIN @ ASHIK,
AGED 27 YEARS,
S/O. NASARUDHEEN, MAHIN MANZIL, PANAVETTIMURIYIL,
PORUVAZHI VILLAGE, KOLLAM DISTRICT, PIN 690 520
3 RAMEES,
AGED 32 YEARS,
S/O. RAHIM, THEKKEDATH VADAKKATHIL HOUSE,
KAMBILADIMURIYIL, PORUVAZHI VILLAGE,
KOLLAM DISTRICT, PIN 690 520
4 NIZARUDHEEN,
AGED 33 YEARS,
S/O. THAHA KUNHU, KOTTAYADI VADAKKATHIL HOUSE,
PADINATTAKARA MURIYIL, THEVALAKKARA VILLAGE,
KOLLAM DISTRIT PIN 690 524
5 ANSARI,
AGED 34 YEARS,
S/O. HBEEBULLA, PARAPPURATH HOUSE,
MOTTAKAVUMURIYIL, NEDUMBANA VILLAGE, KOLLAM DISTRICT
BY ADV K.RAKESH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA,
CRL.MC NO. 565 OF 2022 -2-
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031
2 THE STATION HOUSE OFFICER,
KARUNAGAPALLY POLICE STATION,
KOLLAM DISTRICT, PIN-690518
3 SHAREEF,
AGED 44 YEARS, S/O.MOHAMMED KUNJU, THAVAKKAL
HOUSE, NEELIKKULAM MURI, KULASEKHARAPURAM,
KARUNAGAPALLY, KOLLAM DISTRICT, PIN-690525.
BY ADV K.S.PRAVEEN
ADV NIMA JACOB -PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 565 OF 2022 -3-
ORDER
Petitioners are the accused in Crime No.2777/2020 of Karunagappally Police Station which is now pending as C.C.No.43/2021 before the Judicial First Class Magistrate Court, Karunagappally. The offenses alleged against the petitioners are under Sections 323, 324, 447, 294(b), 506, 427 read with Section 34 of the Indian Penal Code.
2. The prosecution case is that, on 09.11.2020, at about 7.30 a.m., the accused persons have assaulted the third respondent de facto complainant. They also smashed the window glasses of the residence of the defacto complainant and damaged his mobile phone. Annexure A is the final report submitted by the police. This Criminal M.C. is filed for quashing all further proceedings pursuant to thereon.
3. Heard Sri.K.Rakesh, learned counsel appearing CRL.MC NO. 565 OF 2022 -4- for the petitioners, Smt.Nima Jacob, learned Public Prosecutor for the State and Sri.K.S.Praveen, learned counsel appearing for the third respondent.
4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the defacto complainant has filed Annexure-B affidavit. The aforesaid affidavit indicates that, the matter has been settled and the de facto complainant has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 3 rd respondent/de facto complainant also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the de facto complainant has reiterated that, CRL.MC NO. 565 OF 2022 -5- he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.
5. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.
Accordingly, this Crl.M.C. is allowed. Annexure-A final report in Crime No.2777/2020 of Karunagapally Police Station and all further proceedings in C.C.No.43/2021 pending before the Judicial First Class CRL.MC NO. 565 OF 2022 -6- Magistrate Court, Karunagapally as against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE vv CRL.MC NO. 565 OF 2022 -7- APPENDIX OF CRL.MC 565/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2777/2020 OF THE KARUNAGAPALLY POLICE STATION Annexure B AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 24-12-2021