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. 3836 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 406/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS II,CHAVAKKAD
PETITIONER/1ST AND 2ND ACCUSED:
1 NIBIN
AGED 23 YEARS
S,O JAYAN, KARUTHEDATH (H), THIRUVATHIRA,
ORUMANAYOOR, THRISSUR., PIN - 680512
2 MAHESH
AGED 31 YEARS
S,O LOHIDHAKSHAN, KANDAMBULLI HOUSE, KANNIKKUTHY,
ORUMANAYOOR, CHAVAKKAD, THRISSUR,, PIN - 680512
BY ADVS.
MANU K. MURALI
VIVEK.P.K
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SINDHU ASHOKAN
AGED 44 YEARS
W,O ASHOKAN, KUNDU (H), ORUMANAYOOR P.O., CHAVAKKAD
2
Crl.M.C No.3836 of 2022
TALUK, THRISSUR,, PIN - 680512
3 RAJESH
AGED 47 YEARS
S/O APPU, POOVANTHARA HOUSE, ORUMANAYOOR P.O.,
CHAVAKKAD, THRISSUR, PIN - 680512
BY ADVS.
PUBLIC PROSECUTOR
RAHUL SASI
ADV. M. P. PRASHANT- SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
Crl.M.C No.3836 of 2022
ORDER
The petitioners are the accused in Crime No.12/2021 of Chavakkad Police Station which is now pending as C.C 406/2021 before the Judicial First Class Magistrate Court, Chavakkad. The offences alleged against the petitioners are punishable under Sections 341, 323, 506 read with Section 34 of Indian Penal Code.
2. The prosecution case is that, on 02.01.2021, the petitioners have wrongfully restrained, threatened and assaulted the 2nd and 3rd respondents. Annexure-A1 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri. Manu K Murali, the learned counsel appearing for the petitioners, Sri. M.P Prashanth, the learned Public Prosecutor appearing for the State and Sri. Rahul Sasi, the learned counsel appearing for the 2nd and 3rd respondents.
4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute 4 Crl.M.C No.3836 of 2022 between the parties has been settled and to substantiate the same, the injured persons have sworn Annexures-A2 and A3 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents Nos.2 and 3/injured persons 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 injured persons have reiterated that, they do not have any objection in quashing the proceedings as they have 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 5 Crl.M.C No.3836 of 2022 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-A1 final report in Crime No.12/2021 of Chavakkad Police Station and all further proceedings in C.C.No.406/2021 pending before the Judicial First Class Magistrate Court, Chavakkad as against the petitioners are hereby quashed.
SD/-
ZIYAD RAHMAN A.A JUDGE rpk 6 Crl.M.C No.3836 of 2022 APPENDIX OF CRL.MC 3836/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO. 12 OF 2021 OF CHAVAKKAD POLICE STATION Annexure A2 THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 12.02.2022.
Annexure A3 THE AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 12.02.2022