Crl.M.C.No.3802/2021 1
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. 3802 OF 2021
CRIME NO.352/2016 OF Kalpakanchery Police Station,
Malappuram
AGAINST THE ORDER/JUDGMENT IN CC 1237/2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONERS/ACCUSED:
1 ABDUL VAHAB,
AGED 67 YEARS,
ABUBECKER, VALIYAPALLI THEKKATHIL, VAKKOM P.O.,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 308.
2 ARSHAD,
AGED 32 YEARS,
S/O.ABDUL VAHAB, VALIYAPALLI THEKKATHIL,
VAKKOM P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM-695 308.
3 ABDUL LATHEEF,
AGED 55 YEARS,
S/O.IBRAHIM KUTTY, THAYYIL HOUSE,
VAVVAKKAVU P. O., KARUNAGAPPALLY,
KOLLAM - 690 528.
BY ADVS.
G.RANJU MOHAN
M.SANTHI (K/868/2011)
Crl.M.C.No.3802/2021 2
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 SHABEE SEMAN
S/O.ABDUL GAFOOR, KALLIYATH HOUSE, NELLIKKUNNU,
KALPAKANCHERRY, MALAPPURAM, KERALA - 676 551.
BY ADV M.SREEKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.06.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3802/2021 3
ORDER
The petitioners are the accused Nos.1 to 3 in Crime No.352 of 2016 of Kalpakanchery Police Station, which is now pending as C.C.No.1237 of 2016 before the Judicial First Class Magistrate Court- I, Tirur. The offences alleged against the petitioners are under Sections 447, 341, 323, 324 read with 34 IPC.
2. The prosecution case is that, on 14.06.2016 the petitioners have trespassed into the house of the 2nd respondent/de facto complainant and wrongfully restrained him and assaulted him with a stick. Annexure-A1 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant thereof.
3. Heard Sri.Ranju Mohan.G., learned counsel for the petitioners, Smt.Neema Jacob., learned Public Prosecutor for the State and Sri.M.Sreekumar, learned counsel for the 2nd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Affidavit sworn by the 2nd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2nd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no- objection to quash the proceedings against the petitioners herein. The Crl.M.C.No.3802/2021 4 learned counsel appearing for the 2nd 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.352 of 2016 of Kalpakanchery Police Station and all further proceedings in C.C.No.1237 of 2016 before the Judicial First Class Magistrate Court-I, Tirur, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/3.6.22 Crl.M.C.No.3802/2021 5 APPENDIX OF CRL.MC 3802/2021 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FINAL REPORT DATED 14.06.2016 IN THE ABOVE CRIME.