IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
CRL.MC NO. 6460 OF 2021
CRIME NO.108/2006 OF TIRUR POLICE STATION, MALAPPURAM
TO QUASH FINAL REPORT IN SC 406/2018 ON THE FILES OF ADDITIONAL
SESSIONS COURT (FAST TRACK II), MANJERI
PETITIONER/ACCUSED IN S.C. NO.406/2018 ON THE FILES ON ADDITIONAL
SESSIONS COURT (FAST TRACK II) IN MANJERI:
1 SAMEERALI
AGED 35 YEARS
S/O. KHADAR, MANGALAM AMSOM, KUTTAYI P.O, PARIS NAGAR,
MALAPPURAM DISTRICT - 676562.
BY ADVS.
NIRMAL V NAIR
AJAI BABU
RESPONDENTS/STATE ABD DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
2 ABBAAS
AGED 58 YEARS
S/O. IMBICHI BAVA, RESIDING AT KUNNATH PARAMBIL HOUSE,
MANGALAM KUTTAYI P.O, PARIS NAGAR,TIRUR TALUK,
MALAPPURAM DISTRICT - 676562.
3 CHERIYA BAVAKUTTY
AGED 73 YEARS
S/O. IMBICHI BAVA, RESIDING AT KUNNATH PARAMBIL HOUSE,
MANGALAM KUTTAYI P.O, PARIS NAGAR, TIRUR TALUK,
MALAPPURAM DISTRICT - 676562.
BY ADVS.
SRI.M.P. PRASANTH, SENIOR PUBLIC PROSECUTOR
SRI.RAHUL S.NATH FOR R2 AND R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL. MC NO.6460 OF 2021
2
ORDER
Dated this the 03rd day of June, 2022 The petitioner is the 4th accused in Crime No.108/2006 of Tirur Police Station. The offences alleged against the petitioner and the other accused are under Sections 143, 147, 148, 323, 324, 341, 447, 308 read with 149 of the Indian Penal Code.
2. The prosecution case is that, on 12.02.2006 at about 1 p.m., the petitioner and the other accused formed themselves into an unlawful assembly and in furtherance of their common intention assaulted the 2nd and 3rd respondents on account of political rivalry. Annexure-1 is the final report submitted by the police.
3. The cognizance of the aforesaid case was taken by the Judicial First Class Magistrate Court, Tirur as C.P. No.29/2006 and upon being committed to the Court of Session, Manjeri, the same was numbered as S.C.No.475/2006. Out of the total 6 CRL. MC NO.6460 OF 2021 3 accused persons, accused Nos.2, 5 and 6 have faced trial in S.C.No.475/2006 and acquitted by judgment dated 06.01.2009. Later, the 1st accused surrendered and he faced the trial as S.C.No.158/2009 and he was also acquitted as per judgment dated 27.10.2009. Similarly, the 3rd accused who faced the trial as S.C.No.8/2011 was also acquitted by the Sessions Court as per judgment dated 17.07.2013. This Crl.M.C. is filed by the petitioner, seeking for an order to quash all further proceedings against him.
4. Heard Sri. Nirmal V. Nair, learned Counsel appearing for the petitioner, Sri. M. P. Prasanth learned Public Prosecutor and Sri. Rahul S. Nath for respondents 2 and 3.
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 and 4 affidavits sworn by by respondent 2 and 3 is produced. The fact of settlement is acknowledged in the aforesaid CRL. MC NO.6460 OF 2021 4 affidavit and it is also specifically stated that the respondents 2 and 3 have no subsisting grievances against the petitioner herein. The respondents 2 and 3 also clearly expressed their no objection in quashing the proceedings against the petitioner. The learned counsel appearing for the respondents 2 and 3 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 is verified by the Station House Officer concerned by recording the statement of de facto complainant and found to be genuine.
6. On going through the nature of allegations as contained in Annexure-1 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 CRL. MC NO.6460 OF 2021 5 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.
7. It is true that the offence under Section 308 of I.P.C. is also alleged against the petitioner. However, it is discernible from the records that, all the other accused persons have faced the trial and all of them were acquitted by the Court. Considering the nature of the evidence that has been let in by the prosecution and the finding entered by the learned Session Judge in the trial conducted against him and the other accused persons, I am of the view that, the substratum of the case itself is lost. In such circumstances, consequent to the settlement and also on account of the findings of the acquittal of the other accused, no purpose would be served by allowing the continuation of the prosecution against the petitioner. CRL. MC NO.6460 OF 2021 6 In such circumstances, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C. even though offence under Section 308 is also incorporated.
Accordingly this Crl.M.C. is allowed. All further proceedings in S.C.No.406/2018 pending before the Additional Sessions Court (Fast Track-II), Manjeri pursuant to Crime No.108/2006 of Tirur Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE SKP/3.6 CRL. MC NO.6460 OF 2021 7 APPENDIX OF CRL.MC 6460/2021 PETITIONER'S ANNEXURES:
ANNEXURE 1 A TRUE COPY OF THE FINAL REPORT DATED 1.4.2006 IN CRIME NO. 108/2006 OF THE TIRUR POLICE STATION.
ANNEXURE 2 A TRUE COPY OF THE JUDGMENT DATED 17.07.2013 IN S.C NO. 8/2011 ON THE FILES OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANJERI.
ANNEXURE 3 THE AFFIDAVIT DATED 14.12.2021 SWORN BY THE 2ND RESPONDENT.
ANNEXURE 4 THE AFFIDAVIT DATED 14.12.2021 SWORN BY THE 2ND RESPONDENT.
RESPONDENTS' ANNEXURES:NIL TRUE COPY P.A.TO JUDGE