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. 1643 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 239/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,PATHANAMTHITTA
PETITIONE/ACCUSED:
VISHNU,
AGED 30 YEARS,
S/O VENUGOPAL, RAMAMANGALATH HOUSE,
KALANJOOR.P.O, PIN-689694.
BY ADVS.
JOBI.A.THAMPI
SRI.SHOUKATH HUSAIN
RESPONDENTS/STATE/DE-FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,PIN-682031.
2 V.CHANDRASEKHARAN,
AGED 52 YEARS,
S/O.VELUKKUTTY,ANANTHU BHAVAN,
GURUMANDIRAM,MOOTHALA.P.O,
PALLICKAL,THIRUVANANTHAPURAM DISTRICT, PIN-695604.
BY ADV S.R.REMYA
C.S HRITHWIK, SR. PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1643 OF 2021 -2-
ORDER
The petitioner is the accused in Crime No.221/2020 of Konny Police Station which is now pending as CC No.239/2020 before the Judicial First Class Magistrate Court II, Pathanamthitta. The offence alleged against the petitioner is under Section 325 of the Indian Penal Code.
2. The prosecution case is that on 11.03.2020 at 7 pm the accused due to animosity, assaulted the second respondent/de facto complainant and caused injuries to him. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Criminal M.C. is filed for quashing all further proceedings pursuant to Annexure-A2.
3. Heard Sri.Jobi A. Thampi, learned counsel appearing for the petitioner, C.S.Hrithwik, learned Public Senior Public Prosecutor appearing for the State and Smt.S.R.Remya, learned counsel appearing for the second respondent.
CRL.MC NO. 1643 OF 2021 -3-
4. The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person has filed Annexure-A3 affidavit, which was sworn by him. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioner herein. He has also conveyed that he has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 2nd respondent/injured person also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured person has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioner herein.
5. Going through the materials available on record, it is discernible that, the dispute is basically CRL.MC NO. 1643 OF 2021 -4- private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.
Accordingly, this Crl.M.C. is allowed. Annexure-A2 final report in Crime No.221/2020 of Konny Police Station and all further proceedings in C.C.No.239/2020 pending before the Judicial First Class Magistrate Court- II, Pathanamthitta as against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE vv CRL.MC NO. 1643 OF 2021 -5- APPENDIX OF CRL.MC 1643/2021 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT AND THE FIRST INFORMATION STATEMENT IN CRIME NO.221/2020 OF KONNY POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO.221/2020 OF KONNY POLICE STATION ANNEXURE A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT