IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
CRL.MC NO. 3738 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 68/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS,VAIKOM
PETITIONER/ACCUSED 1 AND 2:
1 PRAJITH BABU
AGED 28 YEARS
S/O BABU, KALASAKKARIYIL HOUSE, UDAYANAPURAM
KARA,KODIYAAD BHAGAM, UDAYANAPURAM VILLAGE, VAIKOM
TALUK, KOTTAYAM,
, PIN - 686141
2 ARUN
AGED 30 YEARS
S/O MADHU, KOCHALUMGAL HOUSE,
VAIKOM KARA, KOLOTHUMKADAVU BHAGAM, VAIKOM VILLAGE,
VAIKOM TALUK,KOTTAYAM,, PIN - 686141
BY ADV JITHIN BOSE
RESPONDENT/STATE COMPLAINANT AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER OF VAIKOM POLICE STATION
VAIKOM TALUK, KOTTAYAM DISTRICT,, PIN - 686141
3 ANOOP KUMAR
AGED 34 YEARS
S/O PURUSHOTHAMAN, KOMALALAYAM HOUSE, MANNAR SREE
2
Crl.M.C No.3738 of 2022
KRISHNA SWAMI TEMPLE'S BHAGAM, MANNAR KARA,
KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM
DISTRICT, PIN - 686604
4 ANU RAJ
AGED 31 YEARS
S/O PURUSHOTHAMAN, KOMALALAYAM HOUSE, MANNAR SREE
KRISHNA SWAMI TEMPLE'S BHAGAM, MANNAR KARA,
KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM
DISTRICT, PIN - 686604
BY ADV K.R.MONISHA
ADV.SUDHEER GOPALAKRISHNAN P P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
Crl.M.C No.3738 of 2022
ORDER
The petitioners are accused Nos. 1 and 2 in Crime No.2303/2016 of Vaikom Police Station which is now pending as C.C No. 68/2017 before the Judicial First Class Magistrate Court-I, Vaikom. The offences alleged against the petitioners are punishable under Sections 323, 324 r/w 34 of Indian Penal Code.
2. The prosecution case is that, on 16.11.2016, at 10.15 a.m., the petitioners/accused persons on account of political rivalry, assaulted the 3rd and 4th respondents and caused injuries to them. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.Jithin Bose, the learned counsel appearing for the petitioners, Sri. Sudheer Gopalakrshnan, the learned Public Prosecutor appearing for the State and Smt. K.R Monisha, the learned counsel appearing for the respondents Nos. 3 and 4.
4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute 4 Crl.M.C No.3738 of 2022 between the parties has been settled and to substantiate the same, the injured persons have sworn Annexures-A3 and A4 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents Nos.3 and 4/injured persons 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 persons have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein.
5. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a 5 Crl.M.C No.3738 of 2022 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.2303/2016 of Vaikom Police Station and all further proceedings in C.C.68/2017 pending before the Judicial First Class Magistrate Court-1, Vaikom as against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk 6 Crl.M.C No.3738 of 2022 APPENDIX OF CRL.MC 3738/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO. 2303 OF 2016 OF THE VAIKOM POLICE STATION, KOTTAYAM ALONG WITH STATEMENT OF THE 3RD RESPONDENT.
Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C. NO. 68 OF 2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, VAIKOM, KOTTAYAM Annexure A3 AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 31.03.2022 Annexure A4 AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT DATED 31.03.2022.