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. 5048 OF 2021
PETITIONER/S:
1 ANCY
AGED 42 YEARS
W/O. SHAJI, KALLIPARAMBIL HOUSE, PERINJANAM VILLAGE,
THRISSUR DISTRICT
2 SABAN,
AGED 19 YEARS
S/O. SHAJI, KALLIPARAMBIL HOUSE, PERINJANAM VILLAGE,
THRISSUR DISTRICT
3 MUHAMMED SHIFAS,
AGED 28 YEARS
S/O. SHAMSUDEEN, PALLAYIPEEDIKAYIL HOUSE, ERINJANAM
VILLAGE, THRISSUR DISTRICT
4 SHAJEEK.P.S.,
AGED 31 YEARS
S/O. SHAMSUDEEN, PURAKKULAM HOUSE, CHAMAKKALA P.O.,
THRISSUR DISTRICT
5 SHINAJ.V.B.
AGED 31 YEARS
S/O. BADARUDHEEN, VAIPPINKATTIL, CHALINGAD,
KAIPAMANGALAM, THRISSUR DISTRICT
6 SUNNER V.S.
AGED 28 YEARS
S/O. SUALIMAN, VALIYAKATH HOUSE, KOORIKUZHI P.O.,
THRISSUR DISTRICT
BY ADV V.BINOY RAM
RESPONDENT/S:
1 JYOTHI
S/O. GOPALAN, PANDARAPARMABIL HOUSE, PERINJANAM
VILLAGE, PERINJANAM P.O., KODUNGALUR TALUK, THRISSUR
DISTRICT,PIN-680 686
2 STATE OF KERALA,
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682 031
BY ADV V.K.SREENATH
Crl. M.C. No. 5048 of 2021 -2-
OTHER PRESENT:
ADV VIPIN NARAYAN -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. 5048 of 2021 -3-
JUDGMENT
Dated this the 1st day of June, 2022 The petitioners are the accused in Crime No. 752 of 2021 of Irinjalakuda Police Station which is registered against the petitioners for the offences punishable under Sections 143, 147, 395, 506, 323, 120B and 149 of the Indian Penal Code.
2. The prosecution case is that the 1st respondent de facto complainant purchased a mini van bearing registration No. KL-47-J- 8138 from the 1st accused by availing a credit facility from M/s Mahindra and Mahindra Finance. However, later, he defaulted in repayment of the installments and thereupon, the petitioners had taken possession of the vehicle in execution of rights of the financier. As part of the same, the said vehicle was taken possession on 11.04.2021 at 07:30 a.m. while the 1st respondent complainant was driving his vehicle through Irinjalakkuda - Thrissur public road.
3. Annexure 1 is the private complaint submitted by the 1 st respondent and Annexure 2 is the FIR registered upon the same. This Crl. M. C. is filed for quashing all further proceedings pursuant to Crl. M.C. No. 5048 of 2021 -4- Annexures 1 and 2.
4. Heard Sri. Binoy Ram V., learned counsel for the petitioners, Sri. V. K. Sreenath, learned counsel appearing for the 1 st respondent and Sri. Vipin Narayanan, learned Public Prosecutor for the State.
5. The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexure 3 affidavit sworn by respondent No. 1 is produced. The fact of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that the 1 st respondent has no subsisting grievances against the petitioners herein. The 1 st respondent also clearly expressed his no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the 1 st respondent also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein. The learned Public Prosecutor upon instructions submits that the veracity of the settlement was verified by the SHO concerned, by recording the statement of the de facto complainant and found to be genuine.
6. On going through the nature of allegations as contained in Annexure 2 FIR, it can be seen that the dispute is basically private in Crl. M.C. No. 5048 of 2021 -5- 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) 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 Crime No. 752 of 2021 of Irinjalakuda Police Station pursuant to the private complaint filed by the 1 st respondent before the Judicial First Class Magistrate Court, Irinjalakuda are hereby quashed.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE Crl. M.C. No. 5048 of 2021 -6- APPENDIX OF CRL.MC 5048/2021 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE PRIVATE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA DATED 22.07.2021 Annexure 2 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 03.08.2021 IN CR NO.752/2021 OF IRINJALAKUDA POLICE STATION Annexure 3 ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 12.10.2021 Annexure 4 TRUE COPY OF STATEMENT DATED 13.10.2021 FILED BY THE 1ST RESPONDENT BEFORE MUNSIFF COURT, KODUNGALLUR