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. 3865 OF 2022
CRIME NO.229/2014 OF PARIPPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT IN CC 2114/2015 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT(TEMPORARY), PARAVOOR
PETITIONERS/ACCUSED 1 TO 6:
1 ANAS A.S
AGED 29 YEARS
S/O SAIDUKHAN, MUKKIL PUTHEN VEEDU, KOTTIYAM P.O,
KOLLAM, PIN - 691571
2 NIYAS B
AGED 30 YEARS
S/O BASHEER, A N MANZIL, PUNUKKANNOOR, NEAR ESI,
PERUMPUZHA P.O, KOLLAM, PIN - 691504
3 AMAL MOHAN
AGED 29 YEARS
S/O MOHAN, KOKKATTU VEEDU, SAKTHIKULANGARA P.O, KOLLAM,
PIN - 681581
4 ADARSH S.V
AGED 29 YEARS
S/O SASIDHARAKURUP, KUNNUVILAKATHUVEEDU, KUTTIKKADU
P.O, KADAKKAL, KOLLAM, PIN - 691536
5 SABARI ANILAN
AGED 29 YEARS
S/O ANILAN, KODIMOOTTIL VEEDU, PARIPPALLY P.O, KOLLAM,
PIN - 691574
6 SHAMNAD. S
AGED 30 YEARS
S/O SHAJAHAN, SHAMNAD MANZIL, MG NAGAR-56,
KALLUMTHAZHAM P.O, KOLLAM, PIN - 691004
BY ADVS.
BLAISE JOSEPH
ARUN T.
CRL.MC NO. 3865 OF 2022
2
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SITHIN
AGED 28 YEARS
S/O THULASI, THODIYIL VEEDU, NEAR GURU MANDIRAM,
THINAVILA, KEEZHATTINGAL, THIRUVANANTHAPURAM
DISTRICT, KERALA, PIN - 695306
SRI.M.P.PRASANTH, PP
BY ADV SRAVAN M.S.
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. 3865 OF 2022
3
ORDER
The petitioners are the accused Nos.1 to 6 in Crime No.229/2014 of Parippally Police Station, which is now pending as C.C.No.2114/2015 before the Judicial First Class Magistrate Court (Temporary), Paravoor. The offences alleged against the petitioners are punishable under Sections 143, 147, 341, 323, 294(b) r/w Section 149 of the Indian Penal Code.
2. The prosecution case is that, on 05.02.2014 at 1.30 pm, the petitioners formed themselves into an unlawful assembly and assaulted the 2nd respondent/de-facto complainant. Annexure-1 is the FIR and Annexure-2 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure 2.
3. Heard Sri.Blaise Joseph, the learned counsel appearing for the petitioners, Sri.M.P.Prasanth, the learned Public Prosecutor appearing for the State and Sri.Sravan M.S, the learned counsel appearing for the 2nd 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 the de- CRL.MC NO. 3865 OF 2022 4 facto complainant/2nd respondent has sworn Annexure-3 affidavit. The aforesaid affidavit indicates that the matter has been settled and the 2nd respondent 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 2nd respondent/the 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 2nd respondent has reiterated that, 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 CRL.MC NO. 3865 OF 2022 5 can be invoked.
Accordingly, this Crl.M.C. is allowed. Annexure-2 final report in Crime No.229/2014 of Parippally Police Station and all further proceedings in C.C.No.2114/2015 pending before the Judicial First Class Magistrate Court (Temporary), Paravoor as against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE bng CRL.MC NO. 3865 OF 2022 6 APPENDIX OF CRL.MC 3865/2022 PETITIONERS ANNEXURES Annexure1 CERTIFIED COPY OF THE FIR IN CRIME NO.
229/2014 OF PARIPPALLY POLICE STATION Annexure2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 2114/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), PARAVOOR Annexure3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT