Crl.M.C.No.3061/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CRL.MC NO. 3061 OF 2022
CRIME NO.39/2009 OF Peechi Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN CC 178/2009 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III,THRISSUR
PETITIONER/DE FACTO COMPLAINANT/INJURED:
VINOD KUMAR,
AGED 44 YEARS,
S/O.KUNJUMON, MEKKARA HOUSE, PEECHI VILLAGE,
MELECHIRA DESOM, THRISSUR DISTRICT , PIN - 680 653.
BY ADV VISHNUPRASAD NAIR
RESPONDENTS/STATE & ACCUSED NOS. 1 & 3:
1 STATE OF KERALA,
REPRESENTED PUBLIC PROCECUTOR,
HIGH COURT OF KERALA, KOCHI, PIN - 682 031.
2 UNNIKRISHNAN,
AGED 55 YEARS,
S/O.KUTTAPPAN, KAMBILI HOUSE, MELECHIRA,
PEECHI VILLAGE, THRISSUR DISTRICT , PIN - 680 653.
3 BINU,
AGED 32 YEARS,
S/O.KUTTAPPAN, KAMBILI HOUSE, MELECHIRA,
PEECHI VILLAGE, THRISSUR DISTRICT, PIN - 680 653.
R1 BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3061/22 2
ORDER
This Crl.M.C. is filed by the de facto complainant in Crime No.39 of 2009 of Peechi Police Station, which is now pending as C.C.No.178 of 2009 before the Judicial First Class Magistrate Court-III, Thrissur. The aforesaid crime was registered on the basis of information submitted by the petitioner against the 2nd and 3rd respondents, who are accused Nos.1 and 3, alleging offences punishable under Sections 447, 326 read with Section 34 IPC.
2. The prosecution case is that, the accused persons have trespassed into the house of the petitioner herein and attacked him by throwing stones and causing injury on his nose. Annexure-1 is the FIR and Annexure-2 is the final report.
3. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-2.
4. Heard Sri.Vishnuprasad Nair, learned counsel for the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.
5. Since this Crl.M.C to quash the proceedings against Crl.M.C.No.3061/22 3 the 2nd and 3rd respondents herein, is filed by the de facto complainant himself, notice to the 2nd and 3rd respondents are dispensed with.
6. The prayer for quashing the proceedings is sought for on the ground that the dispute between the parties has been settled. The petitioner herein has also produced Anneuxre-4 affidavit stating that, he has no substantive grivance against the 2nd and 3rd respondents herein. On perusal of the records, it is seen that, the dispute involved is private in nature. It is true that one of the offences against the accused is under Section 326 IPC. However, on perusal of the records it is discernible that the injuries sustained by the petitioner herein is only on his nose and since the petitioner himself has come forward for quashing the proceedings against the accused persons, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C.
In the result, this Crl.M.C. is allowed and all further proceedings pursuant to Annexure-2 final report submitted in Crime No.39 of 2009 of Peechi Police Station and all further proceedings in C.C.No.178 of 2009 on the file of the Judicial Crl.M.C.No.3061/22 4 First Class Magistrate Court-III, Thrissur are quashed as against the 2nd and 3rd respondents herein, who are the accused Nos.1 and 3 in the aforesaid crime.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/14.6.22 Crl.M.C.No.3061/22 5 APPENDIX OF CRL.MC 3061/2022 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR DATED 25/1/2009 IN CRIME NO. 39/2009 OF PEECHI POLICE STATION, THRISSUR.
Annexure 2 CERTIFIED COPY OF THE CHARGE SHEET DATED 28/2/2009 IN CRIME NO. 39/2009 OF PEECHI POLICE STATION, THRISSUR.
Annexure 3 A TRUE COPY OF THE CHIEF EXAMINATION BEFORE THE MAGISTRATE ON 21/8/2014.
Annexure 4 ORIGINAL AFFIDAVIT DATED 6/4/2022 SWORN BY THE PETITIONER.