Sheeba vs The State Of Kerala
2022 Latest Caselaw 8277 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
         FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                        CRL.MC NO. 565 OF 2022
 (AGAINST THE ORDER/JUDGMENT IN CC 43/2021 OF JUDICIAL MAGISTRATE
        OF FIRST CLASS - I, KARUNAGAPPALLY ARISING OUT OF CRIME
NO.2777/2020 OF THE KARUNAGAPALLY POLICE STATION, KOLLAM DISTRICT)


PETITIONERS/ACCUSED NOS.1 TO 5:

    1       SHEEBA,
            AGED 39 YEARS,
            W/O. SHAREEF, THAVAKKAL HOUSE, KULASEKHARAPURAM,
            NEELIKKULAM MURI, KOLLAM DISTRICT, PIN 690 544

    2       MAHIN @ ASHIK,
            AGED 27 YEARS,
            S/O. NASARUDHEEN, MAHIN MANZIL, PANAVETTIMURIYIL,
            PORUVAZHI VILLAGE, KOLLAM DISTRICT, PIN 690 520

    3       RAMEES,
            AGED 32 YEARS,
            S/O. RAHIM, THEKKEDATH VADAKKATHIL HOUSE,
            KAMBILADIMURIYIL, PORUVAZHI VILLAGE,
            KOLLAM DISTRICT, PIN 690 520

    4       NIZARUDHEEN,
            AGED 33 YEARS,
            S/O. THAHA KUNHU, KOTTAYADI VADAKKATHIL HOUSE,
            PADINATTAKARA MURIYIL, THEVALAKKARA VILLAGE,
            KOLLAM DISTRIT PIN 690 524

    5       ANSARI,
            AGED 34 YEARS,
            S/O. HBEEBULLA, PARAPPURATH HOUSE,
            MOTTAKAVUMURIYIL, NEDUMBANA VILLAGE, KOLLAM DISTRICT

            BY ADV K.RAKESH


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1       THE STATE OF KERALA,
 CRL.MC NO. 565 OF 2022          -2-



               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031

    2          THE STATION HOUSE OFFICER,
               KARUNAGAPALLY POLICE STATION,
               KOLLAM DISTRICT, PIN-690518
    3          SHAREEF,
               AGED 44 YEARS, S/O.MOHAMMED KUNJU, THAVAKKAL
               HOUSE, NEELIKKULAM MURI, KULASEKHARAPURAM,
               KARUNAGAPALLY, KOLLAM DISTRICT, PIN-690525.

           BY ADV K.S.PRAVEEN
           ADV NIMA JACOB -PP


        THIS     CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 CRL.MC NO. 565 OF 2022     -3-




                          ORDER

Petitioners are the accused in Crime

No.2777/2020 of Karunagappally Police Station which is

now pending as C.C.No.43/2021 before the Judicial First

Class Magistrate Court, Karunagappally. The offenses

alleged against the petitioners are under Sections 323,

324, 447, 294(b), 506, 427 read with Section 34 of the

Indian Penal Code.

2. The prosecution case is that, on 09.11.2020, at

about 7.30 a.m., the accused persons have assaulted the

third respondent de facto complainant. They also

smashed the window glasses of the residence of the

defacto complainant and damaged his mobile phone.

Annexure A is the final report submitted by the police.

This Criminal M.C. is filed for quashing all further

proceedings pursuant to thereon.

3. Heard Sri.K.Rakesh, learned counsel appearing

for the petitioners, Smt.Nima Jacob, learned Public

Prosecutor for the State and Sri.K.S.Praveen, learned

counsel appearing for the third respondent.

4. The prayer for quashing the above proceedings

is sought for by the petitioners on the ground that, the

dispute between the parties has been settled and to

substantiate the same, the defacto complainant has filed

Annexure-B affidavit. The aforesaid affidavit indicates

that, the matter has been settled and the de facto

complainant has no subsisting grievance against the

petitioners herein. He also conveyed that he has no

objection in quashing the proceedings against the

petitioners herein. The learned counsel for the 3 rd

respondent/de facto complainant 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 de facto complainant has reiterated that,

he does not have any objection in quashing the

proceedings as he has no subsisting grievance against

the petitioners 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 would be served if the

proceedings against the petitioners 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-A

final report in Crime No.2777/2020 of Karunagapally

Police Station and all further proceedings in

C.C.No.43/2021 pending before the Judicial First Class

Magistrate Court, Karunagapally as against the

petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE vv

APPENDIX OF CRL.MC 565/2022

PETITIONER ANNEXURES

Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2777/2020 OF THE KARUNAGAPALLY POLICE STATION

Annexure B AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 24-12-2021