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. 5494 OF 2021
CRIME NO.1004/2018 OF Udayamperoor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CC 1321/2018 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, TRIPUNITHURA
PETITIONERS/ACCUSED NO.1 &2:
1 ANIL LAL VENU @ VISHNU
AGED 30 YEARS
S/O.VENUGOPAL, PALLEPANATH HOUSE, EROOR NORTH,
ERNAKULAM DISTRICT.
2 AJITH BABU
AGED 25 YEARS,
S/O.BABU, KOLLAMPARAMBIL HOUSE, NADAKKAVU P.O.,
UDAYAMPEROOR, ERNAKULAM DISTRICT.
BY ADV KARTHIK BHAVADASAN
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 STATION HOUSE OFFICER
(CRIME NO.1004/2018) UDAYAMPEROOR POLICE STATION,
ERNAKULAM DISTRICT - 682 307.
3 NITHIN.M.S
AGED 25 YEARS
S/O.SADHANANDHAN, MEKKEBALLY HOUSE, KOCHUPALLY,
UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE, ERNAKULAM
DISTRICT - 682 307.
4 NITHIN PRAKASHAN
AGED 27 YEARS
S/O.PRAKASHAN, KOCHUPALLY, UDAYAMAPEROOR KARA,
MANAKUNNAM VILLAGE, ERNAKULAM DISTRICT - 682 307.
5 VISHNU DEV
AGED 28 YEARS
S/O.BHASURAN, MUTTATHUBALLY HOUSE, KOCHUPALLY,
UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE, NADAKKAVU P.O.,
ERNAKULAM DISTRICT - 682 307.
6 SARATH.S
AGED 27 YEARS
S/O.ANIL, UPPUTTIPARAMBIL HOUSE, KOCHUPALLY,
CRL.MC NO. 5494 OF 2021
2
UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE, ERNAKULAM
DISTRICT - 682 307.
7 ANANTHU
AGED 29 YEARS
S/O.VISHWANATHAN, UPPUTTIPARAMBIL HOUSE, KOCHUPALLY,
UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE, ERNAKULAM
DISTRICT - 682 307.
BY ADV S.VISHNU (TRIPUNITHURA)
M.T. PRASANTH, SENIOR GP
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. 5494 OF 2021
3
O R D E R
The petitioners are the accused numbers 1 and 2 in Crime Number 1004 of 2018 of Udayamperoor police station, which is now pending as CC.No.1321/2018 before the Judicial First Class Magistrate Court, Tripunithura. The offenses alleged against the petitioner are under section 341, 323, 324, 506(I), 506 r/w 34 of IPC.
2. The prosecution case is that on 06-08-2018 at about 19.00 hours, the petitioner have wrongfully restrained the defacto complainant and his friends who are respondent 3 to 7 and attacked them with a broken bottle. Annexure-1 is the FIR and Annexure-2 is the final report. This Crl.M.C is filed for quashing all further proceedings pursuant to the aforesaid calendar case.
3. Heard Sri.Karthik Bhavadasan, Learned counsel appearing for the petitioner, Sri.M.T. Prasanth, Learned Public Prosecutor and Sri. S.Vishnu, Learned Counsel appearing for the respondents 2 to 7.
4. Prayer for quashing the proceedings is sought mainly on the CRL.MC NO. 5494 OF 2021 4 ground that the dispute between the parties has been settled. Annexure - III, Annexure- III (a), Annexure- III(b), Annexure- III(c), Annexure- III(d) are the affidavits sworn by the respondents 3 to 7 which are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavits, the respondents 3 to 7 had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 3 to 7 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 Honorable 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.
6. In the result, this Crl.M.C. is allowed, and Annexure-II final report submitted in Crime No.1004 of 2018 of Udayamperoor Police CRL.MC NO. 5494 OF 2021 5 Station and all further proceedings in C.C.No.1321 of 2018 on the file of the Judicial First Class Magistrate Court, Tripunithura against the petitioners are hereby quashed.
sd/-
ZIYAD RAHMAN.A.A JUDGE KVT CRL.MC NO. 5494 OF 2021 6 APPENDIX OF CRL.MC 5494/2021 PETITIONERS' ANNEXURES:
Annexure I A CERTIFIED COPY OF THE FIR CRIME NO.1004 OF 2018 OF UDAYAMPEROOR POLICE STATION.
Annexure II A CERTIFIED COPY OF THE FINAL REPORT IN CC 1321 OF 2018 PENDING ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA.
Annexure III AFFIDAVIT SWORN BY CW1 IN ANNEXURE-II. Annexure III(A) AFFIDAVIT SWORN BY CW2 IN ANNEXURE-II. Annexure III(B) AFFIDAVIT SWORN BY CW3 IN ANNEXURE-II. Annexure III(C) AFFIDAVIT SWORN BY CW4 IN ANNEXURE-II. Annexure III(D) AFFIDAVIT SWORN BY CW5 IN ANNEXURE-II.