IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
CRL.MC NO. 6446 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 702/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,VADAKKANCHERRY
PETITIONER/ACCUSED:
1 APPU
AGED 79 YEARS
S/O. NARAYANAN, R/O. ALIKKAPARAMBIL HOUSE, POOTHOLE
DESOM, THRISSUR - 680004.
2 SARASWATHI
AGED 75 YEARS
W/O. APPU, R/O. ALIKKAPARAMBIL HOUSE, POOTHOLE DESOM,
THRISSUR - 680004.
BY ADV T.A.PRAKASH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682031, (CRIME NO. 2054 OF 2016 OF THRISSUR
WEST POLICE STATION, THRISSUR DISTRICT)
2 A.K.BABURAJ
S/O. KRISHNANKUTTY, HOUSE NO. TC 20/313, ALIL HOUSE,
POOTHOLE DESOM, SANKARAIYER ROAD, NEAR THRISSUR RAILWAY
STATION, THRISSUR - 680004.
BY ADV SUMODH MADHAVAN NAIR
M.P PRASANT - SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6446 OF 2021
2
ORDER
The petitioners are the accused in Crime No.2054 of 2016 of Thrissur West Police Station which is now pending as CC NO. 702/2017 before the Judicial First Class Magistrate Court, Wadakkanchery. The offences alleged against them are under Sections 447, 294(b), 506(ii), 427 r/w 34 of IPC.
2. The prosecution case is that, the petitioners on 12.09.2016 at about 4.45 p.m trespassed into the property of the second respondent, abused and threatened him. 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 there to.
3. Heard Sri. T.A Prakash learned counsel appearing for the petitioners, Sri.Prasanth Senior Public Prosecutor, and Sri.Sumodh Madhavan Nair learned counsel appearing for the second respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. CRL.MC NO. 6446 OF 2021 3 Annexure-A4 affidavits sworn by the 2nd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavits, the 2nd respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 2nd respondent 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 CRL.MC NO. 6446 OF 2021 4 submitted in Crime No.2054 of 2016 of Thrissur West Police Station, and all further proceedings in C.C.No.702 of 2017 on the file of the Judicial First Class Magistrate Court, Wadakkanchery against the petitioners are here by quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE KVT CRL.MC NO. 6446 OF 2021 5 APPENDIX OF CRL.MC 6446/2021 PETITIONER ANNEXURES:
Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 2054/2016 DATED 22.08.2016 OF THRISSUR WEST POLICE STATION. Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 2054/2016 DATED 20.12.2016 AND PENDING CONSIDERATION BEFORE THE JFCM, WADAKKANCHERY. Annexure A3 A TRUE COPY OF THE COMPROMISE AGREEMENT DATED 16.10.2020 BETWEEN THE PETITIONERS AND THE 2ND RESPONDENT.
Annexure A4 ORIGINAL AFFIDAVIT DATED 13.11.2021 SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT.