Crl.M.C.No.2861/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
CRL.MC NO. 2861 OF 2022
CRIME NO.1128/2017 OF Aranmula Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT IN CC 1464/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA
PETITIONER/S:
BIJU C NAIR,
AGED 41 YEARS,
S/O.VIJAYAN NAIR,
CHITTAYIL BIJU BHAVAN, CHERUKOLE P.O.,
KOZHENCHERRY, PATHANAMTHITTA DISTRICT,
PIN - 689 650.
BY ADV VISHAK.K.JOHNSON
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM ON
BEHALF OF THE STATION HOUSE OFFICER
OF ARANMULA POLICE STATION, PIN - 691 507.
2 BIJILI P EASOW,
AGED 38 YEARS,
S/O.EASOW PHILIP, PALAKKATHARAYIL HOUSE,
KURANGUMALA, KOZHENCHERRY VILLAGE,
KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 533.
BY ADV N.P.RUKSANA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2861/2022 2
ORDER
The petitioner is the accused in Crime No.1128 of 2017 of Aranmula Police Station, which is now pending as C.C.No.1464 of 2017 of the files of the Judicial First Class Court-I, Pathanamthitta. The offences alleged against the petitioner are under Sections 294(b) and 506(1) of the Indian Penal Code.
2. The prosecution case is that, on on 12.06.2017 at about 20:30 hours, the petitioner called the 2nd respondent/de facto complainant over phone, abused and threatened him to do away with his life. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.Vishak Johnson, learned counsel for the petitioner, Sri.C.S.Hritwhik, learned Public Prosecutor for the State and Smt.Ruksana N.P., learned counsel for the 2 nd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3 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 2 nd respondent/de facto complainant had specifically acknowledged the aforesaid Crl.M.C.No.2861/2022 3 settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The 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-A2 final report submitted in crime No.1128 of 2017 of Aranmula Police Station and all further proceedings in C.C.No.1464 of 2017 on the file of the Judicial Magistrate Court-I, Pathanamthitta, against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/9.6.22 Crl.M.C.No.2861/2022 4 APPENDIX OF CRL.MC 2861/2022 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR IN CRIME NO.
1128/2017 OF ARANMULA POLICE STATION Annexure2 TRUE COPY OF THE FINAL REPORT WHICH IS NUMBERED AS CC NO. 1464 /2017 ON THE FILES OF JUDICIAL MAGISTRATE COURT - I, PATHANAMTHITTA Annexure3 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT DATED 31/12/2021