Crl.M.C.No.1826/2022 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. 1826 OF 2022
CRIME NO.633/2017 OF Nallalam Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN CC 129/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -V,KOZHIKODE
PETITIONERS/ACCUSED NO.1 & 2:
1 SOORAJ,
AGED 27 YEARS,
S/O.SUNDARAN, 'SUKRUTHAM" HOUSE,
OLAVANNA (P.O), PIN - 673 019,
KOZHIKODE DISTRICT.
2 SHAIJU,
AGED 48 YEARS,
S/O.BALAN, KALAMKOLLI, MATHARA,
G.A.COLLEGE (P.O), PIN - 673 014,
KOZHIKODE DISTRICT.
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
RESPONDENTS/INFORMANT & STATE:
1 ABDUL AZEEZ,
AGED 49 YEARS,
S/O.ABOOBACKER, PUZHAKKATHODI HOUSE,
MUNDUPARAMBU (P.O), PIN - 676 509,
MALAPPURAM DISTRICT.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
BY ADV ANOOP JOSEPH
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.1826/2022 2
ORDER
Petitioners are accused Nos.1 and 2 in Crime No.633 of 2017 of Nallalam Police Station, which is registered for the offences punishable under Sections 447, 384 and 506 read with Section 34 IPC. The aforesaid case is now pending as C.C.No.129 of 2018 before the Judicial First Class Magistrate Court-V, Kozhikode.
2. The prosecution case is that on 08.08.2017 at about 15.30 hours, the accused trespassed into the quarry of the 1 st respondent and demanded an amount of Rs.5,00,000/- by threatening him. Later he obtained an amount of Rs.4,500/- (Rupees four thousand five hundred only) from the de facto complainant. Annexure-1 is the FIR and Annexure-2 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2 final report submitted by the police.
3. Heard Sri.Santharam P., learned counsel for the petitioners, Sri.Anoop Joseph, learned counsel for the 1 st respondent and Smt.Nima Jacob, learned Public Prosecutor for the State.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure- 3 affidavit sworn by the 1st respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 1st respondent/de facto complainant had specifically Crl.M.C.No.1826/2022 3 acknowledged the aforesaid settlement and also conveyed the no- objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 1st 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.633 of 2017 of Nallalam Police Station and all further proceedings in C.C.No.129 of 2018 on the file of the Judicial First Class Magistrate Court-V, Kozhikode, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/10.6.22 Crl.M.C.No.1826/2022 4 APPENDIX OF CRL.MC 1826/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF FIR DATED 30.11.2017 IN CRIME NO.633/2017 OF NALLALAM POLICE Annexure2 CERTIFIED COPY OF FINAL REPORT AND CHARGE DATED 16.01.208 IN CRIME NO. 633/2017 OF NALLALAM POLICE Annexure3 NOTARIZED AFFIDAVIT SWORN TO BY 1ST RESPONDENT DATED 04/03/2022 Annexure4 5. TRUE COPY OF THE MEMORANDUM OF WITNESS IN CRIME NO 633/2017 OF NALLALAM POLICE