Crl.M.C.No.2247/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
CRL.MC NO. 2247 OF 2022
CRIME NO.331/2015 OF Valayam Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN LP 24/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,NADAPURAM
PETITIONER:
GIREESH,
AGED 41 YEARS,
SON OF CHEKKAI,
KALLU KOTHIYIL HOUSE,
CHEKKIAD POST, KOZHIKODE DISTRICT, PIN - 673 509.
BY ADVS.
M.P.PRIYESHKUMAR
P.V.ANOOP
PHIJO PRADEESH PHILIP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682 031.
2 MOOSA,
AGED 67 YEARS,
SON OF KUNHABDULLA,
KOMBIPANNANGOTT HOUSE,
PARAKKADAVU (PO), KOZHIKODE DISTRICT, PIN - 673 509.
BY ADVS.
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
K.V.SREERAJ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2247/2022 2
ORDER
The petitioner is the 2nd accused in Crime No.331 of 2015 of Valayam Police Station, which is now pending as L.P.No.24 of 2021 before the Judicial First Class Magistrate Court, Nadapuram. The offences alleged against the petitioner and other accused are under Sections 143, 147, 148, 323, 427, 447 and 308 read with Section 149 IPC.
2. The Prosecution case is that on 27.08.2018 at 9.30 pm the petitioner and other accused have formed themselves into an unlawful assembly, and in prosecution of their common object, attacked the 2nd respondent. Annexure-A is the FIR and Annexure-B is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-B final report.
3. Heard Sri.Priyesh Kumar, learned counsel for the petitioner, Sri.M.P.Prasanth, learned Public Prosecutor for the State and Sri.Sreeraj K.V., learned counsel for the 2nd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-D affidavit sworn by the 2nd respondent/de facto Crl.M.C.No.2247/2022 3 complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2 nd respondent/de facto complainant 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/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.
6. It is true that, one of the offences alleged is under Section 308 IPC. However, it is discernible from the records that all the accused except the petitioner have faced trial. The prosecution against the other accused culminated in Annexure-C judgment, by Crl.M.C.No.2247/2022 4 which all of them were acquitted. On perusal of the observations made in the judgment, it is discernible that the learned Sessions Judge arrived at the conclusion that the prosecution miserably failed in establishing the guilt of the accused persons who faced the trial. On account of the observations made therein, substratum of the case of prosecution is also lost. in such circumstances, I am inclined to invoke the jurisdiction of this Court, taking into account the settlement arrived between the parties and also the observations made in Annexure-C judgment by which other accused persons were acquitted.
In the result, this Crl.M.C. is allowed, and Annexure-B final report submitted in Crime No.331 of 2015 of Valayam Police Station and all further proceedings in L.P.No.24 of 2021 on the file of Judicial First Class Magistrate Court, Nadapuram against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/27.6.22 Crl.M.C.No.2247/2022 5 APPENDIX OF CRL.MC 2247/2022 PETITIONER ANNEXURES Annexure A COPY OF THE FIR IN CRIME NO.331 OF 2015 OF VALAYAM POLICE STATION, KOZHIKODE Annexure B A COPY OF THE FINAL REPORT IN CRIME NO.331/2015 WHICH IS NOW PENDING AGAINST THE PETITIONER AS L.P.NO.24/2021 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM Annexure C CERTIFIED COPY OF THE JUDGMENT DATED 16.07.2018 IN S.C.NO.575/2016 BY THE SECOND ADDITIONAL ASSISTANT SESSIONS JUDGE, KOZHIKODE Annexure D THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT RESPONDENT DATED 29.03.2022