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. 2759 OF 2022
AGAINST CP 4/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-III,TRIVANDRUM
PETITIONER/S:
1 KANNAN
AGED 43 YEARS
SARASWATHI BHAVAN, JAGATHY, THYCAUD.P.O,
THIRUVANANTHAPURAM, PIN - 695014
2 SENTHIL
AGED 36 YEARS
S/O MUPPIDADI, RESIDING AT MELEPPUTHAN HOUSE,
THIRUMALA, THIRUMALA.P.O, THIRUVANANTHAPURAM, PIN -
695014
3 SURESH
AGED 43 YEARS
S/O AYYAPPAN, RESIDING AT CHANDRALAYAM HOUSE
JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM, PIN -
695014
4 RAMESH @ RAMU
AGED 41 YEARS
S/O AYYAPPAN, RESIDING AT CHANDRALAYAM HOUSE,
JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM, PIN -
695014
BY ADVS.
MITHUN P.
AFSAL KHAN H.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031
2 MOHAMMED YUSAF
AGED 42 YEARS
S/O MOHAMMED HANEEFA, RESIDING AT TC 14/ 530, PARIS
ROAD, NANDAVANAM, THYCAUD.P.O THIRUVANANTHAPURAM
DISTRICT, PIN - 695014
3 ZULFIKAR MOHAMMED
AGED 50 YEARS
S/O ABDUL RAHUMAN, RESIDING AT TC 14/ 508(2) FATHIMA
MANSIL, NANDAVANAM, THYCAUD.P.O THIRUVANANTHAPURAM
DISTRICT, PIN - 695014
BY ADV JAEONA JAMES
Crl. M.C. No. 2759 of 2022 -2-
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. 2759 of 2022 -3-
JUDGMENT
Dated this the 1st day of June, 2022 The petitioners are the accused Nos. 1 to 4 in Crime No. 2063 of 2019 of Museum Police Station which is now pending as C. P. No. 4 of 2020 before the Judicial First Class Magistrate Court - III, Thiruvananthapuram. The offences alleged against the petitioners are under Section 452, 294(b), 323, 324 and 308 read with 34 of the Indian Penal Code.
2. The prosecution case is that on 09.11.2019, the petitioners have trespassed into the flour mill run by the 2 nd respondent / de facto complainant and assaulted the 2nd and 3rd respondents with wooden rafters and caused injuries. Annexure A1 is the final report. This Crl. M. C. is filed for quashing 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 Mr. Jaeona James, learned counsel for respondent Nos. 2 and 3.
Crl. M.C. No. 2759 of 2022 -4-
4. 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, Annexures A2 and A3 affidavits sworn by respondent Nos. 2 and 3 are produced. The fact of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that the 2nd and 3rd respondents have no subsisting grievances against the petitioners herein. The 2nd and 3rd respondents also clearly expressed their no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the 2nd and 3rd respondents also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein. Veracity of the settlement has been examined by the Station House Officer concerned by contacting the 2nd and 3rd respondents.
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 Crl. M.C. No. 2759 of 2022 -5- 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 C. P. No. 4 of 2020 pending before the Judicial First Class Magistrate Court - III, Thiruvananthapuram pursuant to Crime No. 2063 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. 2759 of 2022 -6- APPENDIX OF CRL.MC 2759/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL CHARGE IN CRIME NUMBER: 2063 OF 2019 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A2 THE AFFIDAVIT DATED 19.03.2022, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT Annexure A3 THE AFFIDAVIT DATED 19.03.2022, SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT/ INJURED