IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
CRL.MC NO. 2763 OF 2022
AGAINST CC 6/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-III,TRIVANDRUM
PETITIONER/S:
MOHAMMED YUSAF
AGED 42 YEARS
TC 14/ 530, PARIS ROAD, NANDAVANAM, THYCAUD.P.O
THIRUVANANTHAPURAM DISTRICT., PIN - 695014
BY ADV MITHUN P.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULUM PIN, PIN - 682031
2 KANNAN
AGED 43 YEARS
S/O MUPPIDADI, RESIDING AT SARASWATHI BHAVAN,
JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM, PIN -
695014
BY ADVS.
HARISHMA P. THAMPI
AFSAL KHAN H.
OTHER PRESENT:
ADV C. S. HRITHWIK - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No. 2763 of 2022 -2-
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner is the sole accused in Crime No. 2066 of 2019 of Museum Police Station which is now pending as C. C. No. 6 of 2020 before the Judicial First Class Magistrate Court - III, Thiruvananthapuram. The offences alleged against the petitioners are under Sections 294(b), 323 and 324 of the Indian Penal Code.
2. The prosecution case is that due to previous animosity, the petitioner assaulted the 2nd respondent by hitting him with a wooden rafter, causing injuries to him. Annexure A1 is the final report submitted by the Police. This Crl. M. C. is filed to quash all further proceedings pursuant to Annexure A1.
3. Heard Sri. Mithun P., learned counsel appearing for the petitioner, Sri. C. S. Hrithwik, learned Public Prosecutor appearing for the State and Harishma P. Thampi, learned counsel for the 2 nd respondent.
4. The prayer for quashing the proceedings is sought mainly for Crl. M.C. No. 2763 of 2022 -3- the reason that the dispute between the parties has been settled and to substantiate the same, Annexure A2 affidavit sworn by respondent No. 2 is produced. The fact of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that the 2 nd respondent has no subsisting grievances against the petitioner herein. The 2 nd respondent also clearly expressed his no objection in quashing the proceedings against the petitioner. The learned counsel appearing for the 2 nd respondent also confirms the aforesaid settlement and supports the prayer sought for by the petitioner herein. The Public Prosecutor upon instructions submits that the veracity of the settlement is verified by recording the statement of de facto complainant and found to be genuine.
5. On going through the nature of allegations as contained in Annexure A1 final report, it can be seen that the dispute is basically private in nature. Considering the settlement arrived at between the parties, the chances of a successful prosecution are very bleak and hence no fruitful purpose would be served if the proceedings is allowed to continue. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012 (4) Crl. M.C. No. 2763 of 2022 -4- KLT 108], this is a fit case in which the powers of this Court under Section 482 Cr.P.C. can be invoked.
Accordingly this Crl.M.C. is allowed. All further proceedings in C. C. No. 6 of 2020 pending before the Judicial First Class Magistrate Court - III, Thiruvananthapuram pursuant to Crime No. 2066 of 2019 of Museum Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE Crl. M.C. No. 2763 of 2022 -5- APPENDIX OF CRL.MC 2763/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL CHARGE IN CRIME NUMBER: 2066 OF 2019 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A2 THE AFFIDAVIT DATED 19.03.2022, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT