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. 3454 OF 2022
CRIME NO.22/2019 OF MAYYILL POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 1313/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, KANNUR
PETITIONER/ACCUSED:
MUNEEB.K.T
S/O.MUSTHAFA, AGED 28 YEARS
ALMAFAS HOUSE, NEDUVATT AMSOM, NARATH.
KANNUR DISTRICT - 670601
BY ADV C.LEENA
RESPONDENTSSTATE & INJURED:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
2 RENIL.K
S/O.RAVEENDRAN, AGED 30 YEARS
CHALIL HOUSE, KANNADIPARAMBA AMSOM,PULLOOPPI
KANNUR DISTRICT - 670008
BY ADV K.S.SUDHA
ADV C S HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3454 OF 2022
2
ORDER
Petitioner is the 3rd accused in Crime No.22 of 2019 of Mayyil Police Station which is now pending as CC No.1313/2020 before the Judicial First-class Magistrate Court-II, Kannur. The offences alleged against the petitioner and other accused are under Sections 143, 147, 148, 341, 323, 324, 506 r/w 149 of Indian Penal Code.
2. The prosecution case is that, on 07.01.2019 at 8.P.M., the accused persons totaling to five in numbers, formed themselves into an unlawful assembly and in prosecution of their common object, wrongfully restrained the 2 nd respondent and assaulted him. Annexure-I is the FIR and Annexure-II is the Final Report submitted by the police. It is pointed out that, as regards the other accused, this Court has already quashed the prosecution against them as per Annexure III order. This Crl. M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard, Adv.C.Leena, learned counsel appearing for the petitioner, Sri.C.S.Hrithwik, learned public prosecutor and CRL.MC NO. 3454 OF 2022 3 Adv.K.S.Sudha, learned counsel appearing for the 2nd respondent.
4. The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person has sworn Annexure-IV affidavit. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioner herein. He also conveyed that he has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 2nd respondent/injured person 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 person has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioner 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 CRL.MC NO. 3454 OF 2022 4 would be served if the proceedings against the petitioner herein were allowed to continue. In such circumstances, the chances of a 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-II Final Report in Crime No.22/2019 of Mayyil Police Station and all further proceedings in C.C.No.1313/2020 pending before the Judicial First Class Magistrate Court-II, Kannur as against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE nak CRL.MC NO. 3454 OF 2022 5 APPENDIX OF CRL.MC 3454/2022 PETITIONER ANNEXURES Annexure I TRUE COPY OF FIR IN CRIME NO.22/2019 OF MAYYIL POLICE STATION Annexure II TRUE COPY OF FINAL REPORT WITH ANNEXURES IN CRIME NO.22/2019 OF MAYYIL POLICE STATION Annexure III COPY OF JUDGMENT IN CRL.M C NO.5143 /19 DATED 16.08.19 Annexure IV AFFIDAVIT SWORN BY RESPONDENT NO.2