P E Idicula @ Babu vs State Of Kerala
2022 Latest Caselaw 3894 Ker

Crl.M.C.No.2121/2022                    1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                         CRL.MC NO. 2121 OF 2022
 AGAINST THE ORDER/JUDGMENT IN SC 448/2021 OF DISTRICT COURT& SESSIONS
                           COURT,PATHANAMTHITTA
PETITIONERS/ACCUSED:

     1      P.EIDICULA @ BABU,
            AGED 61 YEARS,
            PADINJAREMURIYIL, KALLOOPPARA.P.O,
            THIRUVALLA, PIN - 689 583.
     2      BIBU P. IDICULA,
            AGED 27 YEARS,
            S/O.P.E.IDICULA, PADINJAREMURIYIL, KALLOOPPARA.P.O,
            THIRUVALLA., PIN - 689 583.
            BY ADVS.
            SREEDEVI S.
            R.RAJPRADEEP

RESPONDENTS/STATE/DE FACTO COMPLAINANT/INJURED:

     1      STATE OF KERALA,
            REPRESENTED BY THE STATION HOUSE OFFICER, KEEZHVAIPUR
            POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT
            OF KERALA,        ERNAKULAM, PIN - 682 031.
     2      VARGHESE JOHN @ SABU,
            AGED 50 YEARS,
            S/O.VARGHESE CHACKO, PALLATHUSSERIL HOUSE,         NEAR
            PRATHIBHA JUNCTION, CHACKO BHAGOM MURI, KALLOOPPARA P.O,
            KALLOOPPARA VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA
            DISTRICT, KERALA STATE, PIN - 689 583.
     3      SONY P VARGHESE,
            AGED 27 YEARS,
            S/O.GEEVARGHESE CHACKO, PALLATHUSSERIL HOUSE, NEAR
            PRATHIBHA JUNCTION, CHACKO BHAGOM MURI, KALLOOPPARA PO,
            KALLOOPPARA VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA
            DISTRICT,              KERALA STATE, PIN - 689 583.
            ANANDHU SATHEESH
            JOHN JOSEPH
            SRI.RANJIT GEORGE - SR.PUBLIC PROSECUTOR

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION            ON
05.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2121/2022                 2



                            ORDER

Petitioners are the accused in Crime No.641 of 2016 of

Keezhvaipur Police Station. The offences alleged against the

petitioners are under Sections 326 and 324, read with 34 of

IPC. The prosecution case is that, on 30.04.2016 at about 5.30

pm, petitioners herein assaulted respondents 2 and 3 and

inflicted grievous injuries upon their bodies. The aforesaid

case is now pending before the District and Sessions Court-II,

Pathamathitta as SC.No.448 of 2021. Annexure-A1 is the final

report submitted by the police. This Crl.M.C. is filed for

quashing all further proceedings pursuant to the said final

report.

2. The prayer for quashing the proceedings is sought

mainly on the ground that the dispute between the parties has

been settled. Annexure-A3 and Annexure-A4 affidavits sworn

by the 2nd and 3rd respondents are filed along with this Crl.M.C.

to substantiate the settlement. In the said affidavit, the 2 nd and

3rd respondents have expressly acknowledged the aforesaid

settlement and also conveyed their no-objection to quash the

proceedings against the petitioners herein. The learned

counsel appearing for the 2nd and 3rd respondents 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.

3. 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.

4. Even though offence under Section 326 IPC is also

incorporated, it is seen from the records that the parties are

neighbours, and the injuries sustained by the 2 nd and 3rd

respondents have not resulted in any physical disablement. In

such circumstances, taking into account the settlement arrived

at, and the necessity to ensure peace among the neighbours,

the powers of this Court under Section 482 Cr.P.C. can be

invoked.

In the result, this Crl.M.C. is allowed, and Annexure-A2

final report submitted in Crime No.641 of 2016 of Keezhvaipur

Police Station and all further proceedings in S.C.No.448 of

2021 on the file of the District and Sessions Court-II,

Pathanamthitta are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/6.4.22

APPENDIX OF CRL.MC 2121/2022

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE FINAL REPORT DATED 25/08/2021 IN FIR NO. 641/2016 OF KEEZHVAIPUR POLICE STATION

Annexure A2 A TRUE COPY OF THE FIR NO. 641/2016 DATED 01/05/2016 OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA

Annexure A3 THE AFFIDAVIT DATED 23/03/2022 OF RESPONDENT NO.2/ DEFACTO COMPLAINANT

Annexure A4 THE AFFIDAVIT DATED 23/03/2022 OF RESPONDENT NO.3/ CHARGED WITNESS NO.2