IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
CRL.MC NO. 2738 OF 2022
AGAINST CC 322/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,TIRUR
PETITIONER/S:
1 NISAR
AGED 32 YEARS
S/O ABDUL MAJEED, CHATRAPALLIYALIL HOUSE, PERASHANNUR
POST, PIN - 679571
2 JAFAR K P
AGED 33 YEARS
S/O MUHAMMED, KUNDILPERUTHI HOUSE, PERASANNUR POST,
KUTTIPPURAM, PIN - 679571
3 AFSAL
AGED 33 YEARS
S/O KUNJIMUHAMMED, THEKKANCHERRY HOUSE, PERASANNUR,
KUTTIPPURAM, PIN - 679571
4 SHAFEEK K P
AGED 32 YEARS
S/O ABDUL HAMEED, KUNDILPERUTHI HOUSE, PERASANNUR,
KUTTIPPURAM, PIN - 679571
5 ABDUL JALEEL C P
AGED 36 YEARS
S/O ABDUL MAJEED, CHATHRAPALLIYALIL HOUSE,
PERASANNUR, KUTTIPPURAM, PIN - 679571
BY ADVS.
BINU V V VEETTIL VALAPPIL
S.K.PREMJITH MENON
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 DAKSHAYANI AMMA
AGED 67 YEARS
W/O GOPINATHAN NAIR, PARAPPURATH HOUSE, PERASSANNUR,
KUTTIPPURAM, PIN - 679571
BY ADV MANEKSHA D.
Crl. M.C. No. 2738 of 2022 -2-
OTHER PRESENT:
ADV. VIPIN NARAYAN - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31.05.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl. M.C. No. 2738 of 2022 -3-
JUDGMENT
Dated this the 31st day of May, 2022 The writ petitioners are the accused Nos. 2, 3, 5, 7 and 9 in C. C. No. 322 of 2015 of Judicial First Class Magistrate Court - I, Tirur. The aforesaid case arises from Crime No. 402 of 2009 of Kuttipuram Police Station. The offences alleges against the petitioners are under Sections 143, 147, 148, 324, 427, 506(1) read with Section 149 of the Indian Penal Code.
2. The prosecution case is that on 21.12.2009 at 04:00 a.m., the petitioners formed themselves into an unlawful assembly and broke open the door of the residence of the de facto complainant and assaulted her with weapons. It was also alleged that they also caused damages to a lorry belonging to the de facto complainant. Annexure A1 is the FIR and and Annexure A2 is the final report submitted by the Police.
3. It is pointed out that all the other accused have faced trial in C. C. No. 435 of 2010 and they were acquitted by the learned Magistrate. The case against the petitioners were split up and the same Crl. M.C. No. 2738 of 2022 -4- is re-filed as C.C. No. 322 of 2015, which is now pending. This Crl. M. C. is filed for quashing all further proceedings in the aforesaid Calendar Case.
4. Heard Sri. Binu V. V., learned counsel appearing for the petitioners, Sri. Vipin Narayanan, learned Public Prosecutor and Sri. Maneksha D., learned counsel appearing for the 2nd respondent.
5. The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexure A3 affidavit sworn by respondent No. 2 is produced. The fact of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that the 2 nd respondent has no subsisting grievances against the petitioners herein. The 2 nd respondent also clearly expressed her no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the 2 nd respondent also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein.
6. On going through the nature of allegations as contained in Annexure A2 final report, it can be seen that the dispute is basically private in nature. Considering the settlement arrived at between the Crl. M.C. No. 2738 of 2022 -5- parties, the chances of a successful prosecution are very bleak and hence no fruitful purpose would be served if the proceedings is allowed to continue. 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 Cr.P.C. can be invoked.
Accordingly this Crl.M.C. is allowed. All further proceedings in C. C. No. 322 of 2015 pending before the Judicial First Class Magistrate Court, Tirur pursuant to Crime No. 402 of 2009 of Kuttipuram Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE Crl. M.C. No. 2738 of 2022 -6- APPENDIX OF CRL.MC 2738/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO: 402/2009 OF KUTTIPPURAM POLICE Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN KUTTIPPURAM CRIME 402/2009 Annexure A3 AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 29/11/2021