Crl.M.C.No.1784/22 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. 1784 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 686/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS II,CHAVAKKAD
PETITIONER/SOLE ACCUSED:
JEEVAN,
AGED 20 YEARS,
S/O.RAJESH, POOVANTHARA HOUSE, ORUMANAYOOR P.O.,
CHAVAKKAD TALUK, THRISSUR., PIN - 680 512.
BY ADV RAHUL SASI
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2 NIBIN JAYAN,
AGED 22 YEARS,
S/O.JAYAN, KARUTHEDATH HOUSE, ORUMANAYOOR P.O.,
CHAVAKKAD TALUK, THRISSUR, PIN - 680 512.
BY ADVS.
PUBLIC PROSECUTOR
VIVEK.P.K
SMT.NIMA JACOB, PUBLIC PROSECUTOR
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.1784/22 2
ORDER
The petitioner is the accused in Crime No.19 of 2021 of Chavakkad Police Station, which is now pending as C.C.No.686 of 2021 before the Judicial First Class Magistrate Court, Chavakkad. The offences alleged against the petitioner are under Sections 452, 341, 324 and 506(I) of Indian Penal Code.
2. The prosecution case is that, on 03.01.2022 at about 2.30 pm the petitioner assaulted the 2 nd respondent herein and caused minor injuries to him. Annexure-A1 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings initiated thereof.
3. Heard Sri.Rahul Sasi, learned counsel for the petitioner, Smt.Nima Jacob, learned Public Prosecutor for the State and Sri.Vivek P.K, 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. Annexure-A2 affidavit sworn by the 2 nd 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 Crl.M.C.No.1784/22 3 the petitioners herein. The learned counsel appearing for the 2 nd 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.19 of 2021 of Chavakkad Police Station and all further proceedings in C.C.No.686 of 2021 on the file of the Judicial First Class Magistrate Court, Chavakkad, against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/10.6.22 Crl.M.C.No.1784/22 4 APPENDIX OF CRL.MC 1784/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO. 19 OF 2021 OF CHAVAKKAD POLICE STATION Annexure A2 THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 12.02.2022