Ajas vs State Of Kerala
2021 Latest Caselaw 12989 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
WEDNESDAY, THE 16TH DAY OF JUNE 2021 / 26TH JYAISHTA, 1943
                    CRL.MC NO. 5354 OF 2019
       CRIME NO.2638/2017 OF Perumbavoor Police Station,
                           Ernakulam
     AGAINST THE ORDER/JUDGMENT IN CC 556/2017 OF JUDICIAL
       MAGISTRATE OF FIRST CLASS ,PERUMBAVOOR, ERNAKULAM
PETITIONER/ACCUSED:

           AJAS
           AGED 34 YEARS
           S/O. MUHAMMED, MUNDAKKACHALIL HOUSE, PURAYAR
           BHAGHAM, CHENGAMAND VILLAGE.

           BY ADV AJEESH M UMMER



RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

      1    STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM - 682031.

      2    HARIS
           AGED 29 YEARS
           S/O. HAMEED, ERETHAN HOUSE, PALLIPRAM KARA,
           MAULOODUPURA BHAGAM, MARAMBILLY VILLAGE,
           ERNAKULAM DISTRICT - 683107.

           R1 BY PUBLIC PROSECUTOR SRI.AJITH MURALI.

           R2 BY ADV SIKHA G.NAIR



       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON    14.06.2021,   THE   COURT   ON   16.06.2021   PASSED   THE
FOLLOWING:
 Crl.M.C.No.5354 of 2019

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                          ORDER

This Crl.M.C. is filed seeking to quash Annexure

A final report and all further proceedings pursuant thereto

in Crime No.2638/2017 of Perumbavoor Police Station,

which is now pending before the Judicial First Class

Magistrate Court-I, Perumbavoor against the petitioner as

C.C.No.556/2017.

2. The petitioner is an accused in Crime

No.2638/2017 of Perumbavoor Police Station for the

offences punishable under Sections 341,323,324 and

294(b) of the Indian Penal Code. The above case was

registered on the basis of a statement given by the second

respondent before the Police. After investigation, the Police

filed final report in Crime No.2638/2017 of Perumbavoor

Police Station, which is now pending before the Judicial

First Class Magistrate Court-I, Perumbavoor. The learned Crl.M.C.No.5354 of 2019

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Magistrate took cognizance of the offences punishable

under Sections 341,323, 324 and 294(b) of the Indian

Penal Code.

3. The prosecution case in brief is that the

petitioner, on 14.8.2017 at 11 am, assaulted the second

respondent with a key at Perumbavoor and thereby

committed the aforesaid offences.

4. I have heard the learned counsel appearing

for the respective parties and the learned Public Prosecutor

appearing for the first respondent.

5. During the pendency of the proceedings, the

entire dispute between the petitioner and second

respondent had been settled. The second respondent filed

an affidavit before this Court stating that the entire dispute,

which resulted in the registration of the above crime, had

already been amicably settled. The second respondent has Crl.M.C.No.5354 of 2019

..4..

no subsisting grievance against the petitioner.

6. The dispute between the parties is purely

private and personal in nature and no public policy as such

is involved in the matter. The main offences involved in this

case are compoundable. When the offences being purely

private and personal between the parties, the proceedings

can be quashed in the interest of justice on the basis of the

settlement and in the light of the dictum laid down in Gian

Singh v. State of Punjab [(2012)10 SCC 303], Narinder

Singh and others v. State of Punjab and another

[(2014)6 SCC 466], Parbatbhai Aahir @ Parbatbhai

Bhimsinhbhai Karmur and others v. State of Gujarat

and another [(2017)9 SCC 641] and State of M.P. v. Laxmi

Narayan and others [(2019)5 SCC 688].

In the result, this Crl.M.C. stands allowed.

Annexure- A Final Report and all further proceedings Crl.M.C.No.5354 of 2019

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pursuant thereto in Crime No.2638/2017 of Perumbavoor

Police station, which is now pending before the Judicial

First Class Magistrate Court-I, Perumbavoor against the

petitioner as C.C.No.556/2017 stands quashed.

Sd/-

N.ANIL KUMAR, JUDGE MBS/ Crl.M.C.No.5354 of 2019

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APPENDIX OF CRL.MC 5354/2019

PETITIONER ANNEXURE

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.2638/2017 OF PERUMBAVOOR POLICE STATION.

ANNEXURE B AFFIDAVIT SWORN BY THE 2ND RESPONDENT.