IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
CRL.MC NO. 2928 OF 2022
Crime No.210/2014 of Nadapuram Police Station
PETITIONER/1ST ACCUSED:
RIYAS
AGED 41 YEARS
S/O ANDRU, RESIDING AT PUTHANPURAYIL HOUSE, KALLACHI P.O,
NADAPURAM, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN -
673506
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 PRAMOD KUMAR, AGED 44 YEARS
S/O RAYIRUKUTTY, RESIDING AT MATHATHU THAZHEKUNI HOUSE,
BHOOMIVATHUKKAL P.O, VENIMEL AMSOM, VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673517
BY ADVS.
PUBLIC PROSECUTOR
VARNIBHA.T T
AJOY VENU(K/1079/2010)
ADV. SEENA. C-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C No.2928 of 2022
ORDER
The petitioner is the 1st accused in Crime No.210/2014 of Nadapuram Police Station which is now pending as S.C 110/2022 before the Assistant Sessions Court, Vadakara. The offences alleged against the petitioner and other accused are punishable under Sections 143, 147, 148, 341, 323, 324 and 308 r/w Section 149 of Indian Penal Code.
2. The prosecution case is that, accused Nos. 1 to 4 formed themselves into an unlawful assembly and in prosecution of their common object of that assembly, on 10.03.2014 at 13.15 hours wrongfully restrained the 2nd respondent/defacto complainant and assaulted him with weapons.
3. It is pointed out that, the 4th accused in this case has already faced the trial and he was acquitted by the Court. The proceedings against the 2nd and 3rd accused were quashed by this Court as per Annexure-A3 judgment on the basis of settlement arrived at between the parties. This Crl.M.C is filed by the petitioner, challenging the prosecution against him. 3 Crl.M.C No.2928 of 2022
4. Heard Sri. J.R.Prem Navas, the learned counsel appearing for the petitioner, Smt.. Seena C, the learned Public Prosecutor appearing for the State and Smt.Varnibha T.T, the learned counsel appearing for the 2nd respondent.
5. The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person/2nd respondent has sworn Annexure-A2 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the 2nd respondent has no subsisting grievance against the petitioner herein. He also conveyed that he has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 2nd respondent/injured person 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 petitioner herein.
4Crl.M.C No.2928 of 2022
6. 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 petitioner 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.
7. Eventhough, one of the offence is under Section 308 of IPC, from the documents it is discernible that, the 4 th accused stands acquitted. Apart from the above, the proceedings against the 2 nd and 3rd respondents were quashed by this Court. In such circumstances, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C Accordingly, this Crl.M.C. is allowed. All further proceedings pursuant to Annexure-AI, final report in Crime No.210/2014 of Nadapuram Police Station and all further proceedings in S.C 5 Crl.M.C No.2928 of 2022 110/2022 pending before the Assistant Sessions Court, Vadakara as against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk 6 Crl.M.C No.2928 of 2022 APPENDIX OF CRL.MC 2928/2022 PETITIONER ANNEXURES Annexure-A1 THE ACCUSED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO: 210 OF 2014 OF NADAPURAM POLICE STATION, KOZHIKODE DISTRICT Annexure-A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT Annexure-A3 THE TRUE COPY OF THE ORDER DATED 25.02.2022 IN CRL.M.C. NO: 1294 OF 2022 PASSED BY THIS HON'BLE COURT