Crl.M.C.No.2279/2022 1
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. 2279 OF 2022
CRIME NO.683/2014 OF ERAVIPURAM POLICE STATION, Kollam
AGAINST THE ORDER/JUDGMENT IN CC 1065/2014 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSED 1-4:
1 SHIBIN SAMSON,
AGED 32 YEARS,
NELLIKKATHU HOUSE, NADUVILAKKARA P.O,
MAYYANADU, KOLLAM, PIN - 691 589.
2 KELVIN JERMIAS,
AGED 33 YEARS,
VINCY LAND, PULLICHARA CHERRY,
MAYYANAD, KOLLAM, PIN - 691 304.
3 ENOSH ALEX,
AGED 28 YEARS,
PANAVILA,PULLICHIRA P.O, KOLLAM, PIN - 691 304.
4 SHIBIN GOMEZ,
AGED 33 YEARS,
SHAJI SHINE,PULLICHIRA P.O, KOLLAM, PIN - 691 304.
BY ADVS.
ARUN BABU
ARUN K.J.
ALEN.C.LAZAR
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682
031.
2 THE SUB INSPECTOR, ERAVIPURAM POLICE STATION,
KOLLAM, PIN - 691 304.
Crl.M.C.No.2279/2022 2
3 JOBY JOHN,
AGED 29 YEARS,
CHARUVILA HOUSE, MAYYANDU P.O.,
KOLLAM, PIN - 691 303.
BY ADV C.S.SUMESH
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.2279/2022 3
ORDER
The petitioners are the accused in Crime No.683 of 2014 of Eravipuram Police Station, which is now pending as C.C.No.1065 of 2014 before the Judicial First Class Magistrate Court-II, Kollam. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 323, 324 read with Section 149 IPC.
2. The prosecution case is that on 03.05.2014 the petitioner along with some unidentifiable persons assaulted the 3 rd respondent/de facto complainant and caused injuries to him. Annexure-A1 is the final report submitted in this case. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A1 final report.
3. Heard Sri.Arun Babu, learned counsel for the petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.C.S.Sumesh learned counsel for the 3rd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A2 affidavit sworn by the 3rd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3 rd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against Crl.M.C.No.2279/2022 4 the petitioners herein. The learned counsel appearing for the 3 rd 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.
In the result, this Crl.M.C. is allowed, and Annexure-A1 final report submitted in crime No.683 of 2014 of Eravipuram Police Station and all further proceedings in C.C.No.1065 of 2014 on the file of the Judicial First Class Magistrate Court-II, Kollam, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/1.6.22 Crl.M.C.No.2279/2022 5 APPENDIX OF CRL.MC 2279/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE CHARGE DATED 29/05/2014 IN CRIME NO. 683/2014 OF ERAVIPURAM POLICE STATION, KOLLAM Annexure A2 AFFIDAVIT DATED 09/02/2022 EXECUTED BY THE 3RD RESPONDENT