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. 825 OF 2022
PETITIONER/S:
BIJOY M O
AGED 37 YEARS
MADATHIPPARAMBIL, KORATTY P.O, MURINGOOR THEKKUMURI
VILLAGE, KIZHAKKUMURI, THRISSUR DISTRICT- 680 308,
PIN - 680308
BY ADVS.
BIMALA BABY
BLAISE JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 SUBASH
AGED 37 YEARS
MUDIYAATTOM HOUSE, CONVENT ROAD, KORATTY
KIZHUKKUMURI, THRISSUR DISTRICT- 680 308., PIN -
680308
BY AdV JINO JOSE KALLARACKAL
OTHER PRESENT:
ADV. C. S. HRITHWIK -SR. 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. 825 of 2022 -2-
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner is the 2nd accused in Crime No 314 of 2018 of Koraty Police Station which is now pending as C. C. No. 786 of 2018 before the Judicial First Class Magistrate Court - I, Chalakudy. The offences alleged against the petitioner are under Sections 448, 341, 323, 506, 427 and 34 of the Indian Penal Code.
2. The prosecution case is that the petitioner along with the 1 st accused trespassed into the house of the 2nd respondent on 13.05.2018 at 18:30 hours, and assaulted him. Annexure 1 is the FIR and Annexure 2 is the final report submitted in the said case. This Crl. M. C. is filed for quashing all further proceedings pursuant to Annexure
2.
3. Heard Smt. Bimala Baby, learned counsel appearing for the petitioner, Sri. C. S. Hrithwik, learned Public Prosector and Sri. Jino Jose, learned counsel appearing for the 2nd respondent.
4. The prayer for quashing the proceedings is sought mainly for Crl. M.C. No. 825 of 2022 -3- the reason that the dispute between the parties has been settled and to substantiate the same, Annexure 3 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 learned Public Prosecutor upon instructions submits that the veracity of the settlement is verified by the SHO concerned by taking statement of the de fact complainant and found to be genuine.
5. On going through the nature of allegations as contained in Annexure 2 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. 825 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. 786 of 2018 pending before the Judicial First Class Magistrate Court - I, Chalakudy pursuant to Crime No. 314 of 2018 of Koraty Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE Crl. M.C. No. 825 of 2022 -5- APPENDIX OF CRL.MC 825/2022 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIR IN CRIME NO. 314/2018 OF KORATTY POLICE STATION, THRISSUR RURAL Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.
786/2018 ON THE FILE OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, CHALAKUDY.
Annexure 3 AFFIDAVIT OF 2ND RESPONDENT