Nasar vs State Of Kerala
2022 Latest Caselaw 4336 Ker

Crl.M.C.No.1272/22                   1



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                      CRL.MC NO. 1272 OF 2022
         CRIME NO.295/2015 OF Nedumangad Police Station,
                        Thiruvananthapuram
     AGAINST THE ORDER/JUDGMENT IN CC 910/2015 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS -III, NEDUMANGAD
PETITIONERS/ACCUSED NOS.1 TO 3:

     1      NASAR,
            AGED 33 YEARS,
            S/O. ABDUL SAMAD, ANAPPARA HOUSE, PARAYANKAVU,
            ANAD, THIRUVANANTHAPURAM, PIN - 695 541.
     2      NISSAM,
            AGED 28 YEARS,
            S/O. FASILUDEEN, NISSAM MINZIL, MANCHA, PULINJI,
            NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695 541.
     3      SHEMEER,
            AGED 28 YEARS,
            S/O. BADARUDEEN, SHAMNA MANZIL, NEAR SHIVA TEMPLE,
            BHARATHANNUR, PANGOD, THIRUVANANTHAPURAM,
            PIN - 695 609.
            BY ADV V.A.VINOD


RESPONDENTS/STATE, COMPLAINANT, DEFACTO COMPLAINANT:

     1      STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

     2      STATION HOUSE OFFICER,
            NEDUMANGAD POLICE STATION, NEDUMANGAD,
            ERNAKULAM, PIN - 695 541.
 Crl.M.C.No.1272/22                   2



     3      FIRDOUSI,
            AGED 25 YEARS,
            S/O.HANEEFA, SAMEERA COTTAGE, THANNIMOODU, ANAPPARA,
            IRINCHAYAM P.O, ANAD VILLAGE, NEDUMANGAD,
            THIRUVANANTHAPURAM, PIN - 695 561.

            BY ADV SHAKTHI PRAKASH


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.1272/22                       3



                                ORDER

Petitioners are the accused in Crime No.295 of 2015 of

Nedumangad Police Station, which is now pending as C.C.No.910

of 2015 on the files of the Judicial First Class Magistrate Court-II,

Nedumangad. The offences alleged against the petitioners are

under Sections 294(b), 323, 341 read with 34 IPC.

2. The allegation against the petitioners is that on

23.02.2015 at about 7 pm accused persons wrongfully restrained

the de facto complainant, assaulted him with hands and caused

injury upon his body. Annexure-1 is the FIR and Annexure-2 is the

Final report submitted thereon. This Crl.M.C. is filed for

quashing all further proceedings pursuant to Annexre-2 final

report.

3. Heard Sri.V.A.Vinod, learned counsel for the

petitioners, Sri.Shakthi Prakash learned counsel for the 3 rd

respondent and Sri.Renjit George, learned Public Prosecutor for

the State.

4. Prayer for quashing the proceedings is sought mainly

on the ground that the dispute between the parties has been

settled. To substantiate the settlement, Annexure-3 affidavit

sworn by 3rd respondent/de facto complainant is filed along with

this Crl.M.C. In the said affidavit, the 3 rd respondent/de facto

complainant has acknowledged the aforesaid settlement and also

conveyed his no-objection to quash the proceedings against the

petitioners herein. The learned counsel appearing for the 3 rd

respondent/de facto complainant 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.

5. 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.

In the result, this Crl.M.C. is allowed. Annexure-1 FIR in

crime No.295 of 2015 of Nedumangad Police Station and all

further proceedings in C.C.No.910 of 2015 on the file of the

Judicial First Class Magistrate Court-II, Nedumangad are hereby

quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/7.4.22

APPENDIX OF CRL.MC 1272/2022

PETITIONER ANNEXURES

Annexure1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO 295/2015

Annexure2 CERTIFIED COPY OF FINAL REPORT IN C.C NO 910/2015

Annexure3 AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT