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. 4182 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 141/2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONER/ACCUSED 1 TO 4:
1 RIJESH @ KOCHUMON
AGED 38 YEARS
MELETHIL HOUSE,
KARYOTTUCHAL, MALOM VILLAGE,
VELLARIKUNDU TALUK, KASARAGOD DISTRICT., PIN -
671533
2 RAJEESH.N
AGED 31 YEARS
S/O. REGHUNATHAN, NEYKAVANODI HOUSE,
PATHIKKARA, BELAL VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT., PIN - 671533
3 TIJOY KURIAN
AGED 35 YEARS
S/O. KURIAN, KOTTUKAPPALLY HOUSE,
MUNDOTTU, KALLAR VILLAGE,
KASARAGOD DISTRICT., PIN - 671532
4 RENJITH.M
AGED 31 YEARS
S/O. RAJAN, KANICHIKULANGARA HOUSE,
PARAPPA VILLAGE, VELLARIKUNDU TALUK,
KASARAGOD DISTRICT., PIN - 671533
2
Crl.M.C No.4182 of 2022
BY ADVS.
HEMALATHA
BINU GEORGE
ARYA UNNIKRISHNAN
RESPONDENT/STATE/DEFACTO COMPLAINANT/INJURED:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 SANEESH.K.V
AGED 34 YEARS
S/O. CHANDRAN.K.V, R/AT. PULIYAMKULAM, KINANOOR.
P.O,
PARAPPA VILLAGE, VELLARIKUNDU, KASARAGOD DISTRIC,
PIN - 671533
BY ADVS.
ASWATHI C.
MINI K.
ADV.HRITHIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
Crl.M.C No.4182 of 2022
ORDER
The petitioners are accused Accused Nos. 1 to 4 in Crime No.271/2019 of Vellarikundu Police Station which is now pending as C.C 141/2020 before the Judicial First Class Magistrate Court- II, Hosdurg. The offences alleged against the petitioners are punishable under Sections 143, 147, 452, 341, 323, 506 and 427 read with Section 149 of Indian Penal Code.
2. The prosecution case is that, on 13.10.2019, at 8.00 p.m, the petitioners along with another trespassed into the beauty parlour conducted by the 2nd respondent, and smashed the glass installed in the said beauty parlour with a stone and caused the damaged to the tune of Rs.12,000/-. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure-A2.
3. Heard Smt. Hemalatha, the learned counsel appearing for the petitioners, Sri. C.S.Hrithwik, the learned Public Prosecutor 4 Crl.M.C No.4182 of 2022 appearing for the State and Smt. Aswathi.C, 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 defacto complainant has sworn Annexure-A4 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the defacto 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 2nd respondent /defacto 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 defacto complainant has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein. 5 Crl.M.C No.4182 of 2022
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-A2 final report in Crime No.271/2019 of Vellarikundu Police Station and all further proceedings in C.C.No.141/2020 pending before the Judicial First Class Magistrate Court-II, Hosdurg as against the petitioners are hereby quashed. Sd/-
ZIYAD RAHMAN A.A JUDGE rpk 6 Crl.M.C No.4182 of 2022 APPENDIX OF CRL.MC 4182/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
271/2019 OF VELLARIKUNDU POLICE STATION Annexure A2 CERTIFIED COPY OF THE FINAL REPORT ALONG WITH WOUND CERTIFICATE IN CRIME NO.
271/2019 OF VELLARIKUNDU POLICE STATION Annexure A3 A TRUE COPY OF THE MEMO OF EVIDENCE IN CRIME NO. 271/2019 OF VELLARIKUNDU POLICE STATION Annexure A4 AFFIDAVIT DATED 30.05.2022 SWORN BY 2ND RESPONDENT