Crl.M.C.No.3354/22 1
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. 3354 OF 2022
CRIME NO.2384/2021 OF Aryanad Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CP 13/2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,NEDUMANGAD
PETITIONER/ACCUSED:
RAKESH,
AGED 31 YEARS,
KUNNINPURATHU VEETIL, THOLOOR KOLLARA, ARYANADU
VILLAGE, ARYANADU P.O, THIRUVANANTHAPURAM., PIN -
695 542.
BY ADV M.R.SARIN
RESPONDENT/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 AKHIL,
AGED 47 YEARS,
AKHIL BHAVAN, KUNNUMPURAM, THOLOOR, ARYANAD,
THIRUVANANTHAPURAM, PIN - 695 542.
BY ADV RAJITHA V.K
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.07.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3354/22 2
ORDER
The petitioner is the accused in Crime No.2384 of 2021 of Aryanadu Police Station, which is now pending as C.P.No.13 of 2022 before the Judicial First Class Magistrate Court-I, Nedumangad. The offences alleged against the petitioners are under Sections 294(b), 341, 323, 324, 308 of IPC.
2. The prosecution case is that on 13.12.2021 at 20.30 hours, the petitioner abused the 2 nd respondent by using filthy language, wrongfully restrained him and assaulted him with a knife. Annexure-A1 is the FIR and Annexure-A2 is the Final Report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.M.R.Sarin, learned counsel for the petitioner, Sri.C.S.Hrithwik, Senior Public Prosecutor for the State and Smt.Rajitha V.K, learned counsel for the 2 nd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3 affidavit sworn by the 2 nd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2 nd respondent/de facto Crl.M.C.No.3354/22 3 complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 2nd respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.
It is true that one of the offences alleged is under Section 308 IPC. However, it is discernible from the records that the injuries sustained by the de facto complainant are not serious in nature. Apart from the above, no criminal antecedents of the petitioner was also brought to my notice. In such circumstances, taking into account the settlement arrived at between the parties, Crl.M.C.No.3354/22 4 I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C.
In the result, this Crl.M.C. is allowed, and Annexure-A2 final report submitted in Crime No2384 of 2021 of Aryanadu Police Station and all further proceedings in C.P.No.13 of 2022 on the file of the Judicial First Class Magistrate Court-I, Nedumangadu against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/6.7.22 Crl.M.C.No.3354/22 5 APPENDIX OF CRL.MC 3354/2022 PETITIONER ANNEXURES AnnexureA1 THE TRUE COPY OF THE FIR IN CRIME NO.
2384/2021 REGISTERED BY THE ARYANADU POLICE STATION.
Annexure2 THE TRUE COPY OF THE FINAL REPORT IN CP NO. 13/2022 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGADU, THIRUVANANTHAPURAM.
AnnexureA3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT