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. 6607 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1078/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,VADAKKANCHERRY
PETITIONERS/ACCUSED:
1 A.K.BABURAJ
AGED 60 YEARS
S/O KRISHNANKUTTY, HOUSE NO.TC 20/313, ALIL HOUSE,
POOTHOLE DESOM, SANKARAIYER ROAD,
NEAR THRISSUR RAILWAY STATION, THRISSUR-680004.
2 ASHWIN BABU,
AGED YEARS, S/O.A.K.BABURAJ, HOUSE NO.TC 20/313, ALIL
HOUSE, POOTHOLE DESOM, SANKARAIYER ROAD, NEAR THRISSUR
RAILWAY STATION,
THRISSUR-680004.
3 SHEEBA,
AGED 52 YEARS
W/O.A.K.BABURAJ, HOUSE NO.TC.20/313, ALIL HOUSE,
POOTHOLE DESOM,
SANKARAIYER ROAD, NEAR THRISSUR RAILWAY STATION,
THRISSUR-680004.
BY ADV SUMODH MADHAVAN NAIR
RESPONDENTS/STATE & DEFACTO COMPLAINANTS:
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 APPU
AGED 79 YEARS
S/O.NARAYANAN, R/O ALAKKAPARAMBIL HOUSE, POOTHOLE
DESOM,
THRISSUR-680033.
3 [email protected]
AGED 53 YEARS
S/O APPU, R/O ALAKKAPARAMBIL HOUSE, POOTHOLE DESOM,
THRISSUR-680033.
BY ADV T.A.PRAKASH
M.P PRASANTH SR PP
CRL.MC NO. 6607 OF 2021
2
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. 6607 OF 2021
3
ORDER
The petitioners are the accused in Crime No.1352 of 2012 of Thrissur West police station which is now pending as C.C.NO.1078/2017 before the Judicial First Class Magistrate Court Wadakkancheri. The offences alleged are under Sections 341, 323, 324, 447, 427, 294(b), 506(i) read with 34 of IPC. The prosecution case is that on 03.09.2012 at about 6.30 am, the petitioners have criminally trespassed into the property of the second respondent and abused 2nd and 3rd respondent. It is also alleged that the second and third respondent were assaulted. Annexure-A1 is the final report submitted by the police . This Crl.M.C is filed for quashing all further proceedings pursuant Annexure-A1.
2. Heard Sri. Sumodh Madhavan Nair, lerned counsel for the petitioner Sri. M.P. Prasanth, learned Public Prosecutor for the state and T.A Prakash, learned counsel appearing for the respondents 2 and
3.
3. Prayer for quashing the proceedings is sought mainly on CRL.MC NO. 6607 OF 2021 4 the ground that the dispute between the parties has been settled. Annexures-A3 and A4 affidavits sworn by the respondents 2 and 3 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavits, the respondents 2 and 3 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 respondents 2 and 3 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.
4. 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.
CRL.MC NO. 6607 OF 2021 5 In the result, this Crl.M.C. is allowed, and Annexure-A1 final report submitted in Crime No. 1352 of 2012 of Thrissur West Police Station and all further proceedings in C.C.No.1078 of 2017 on the file of the Judicial First Class Magistrate Court, Wadakkancheri against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE KVT CRL.MC NO. 6607 OF 2021 6 APPENDIX OF CRL.MC 6607/2021 PETITIONER ANNEXURES:
Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.1352/2012 OF THRISSUR WEST POLICE STATION DATED 29.09.2012.
Annexure A2 TRUE COPY OF THE COMPROMISE AGREEMENT DATED 16.10.2020 BETWEEN THE 1ST PETITIONERS AND THE 2ND RESPONDENT/DEFACTO COMPLAINANT AND HIS WIFE.
Annexure A3 ORIGINAL AFFIDAVIT DATED 10.12.2021 SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT Annexure A4 ORIGINAL AFFIDAVIT DATED 10.12.2021 SWORN BY THE 3RD RESPONDENT.