Anas A.S vs State Of Kerala
2022 Latest Caselaw 8290 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. 3865 OF 2022
        CRIME NO.229/2014 OF PARIPPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT IN CC 2114/2015 OF JUDICIAL FIRST CLASS
                MAGISTRATE COURT(TEMPORARY), PARAVOOR
PETITIONERS/ACCUSED 1 TO 6:


    1       ANAS A.S
            AGED 29 YEARS
            S/O SAIDUKHAN, MUKKIL PUTHEN VEEDU, KOTTIYAM P.O,
            KOLLAM, PIN - 691571

    2       NIYAS B
            AGED 30 YEARS
            S/O BASHEER, A N MANZIL, PUNUKKANNOOR, NEAR ESI,
            PERUMPUZHA P.O, KOLLAM, PIN - 691504

    3       AMAL MOHAN
            AGED 29 YEARS
            S/O MOHAN, KOKKATTU VEEDU, SAKTHIKULANGARA P.O, KOLLAM,
            PIN - 681581

    4       ADARSH S.V
            AGED 29 YEARS
            S/O SASIDHARAKURUP, KUNNUVILAKATHUVEEDU, KUTTIKKADU
            P.O, KADAKKAL, KOLLAM, PIN - 691536

    5       SABARI ANILAN
            AGED 29 YEARS
            S/O ANILAN, KODIMOOTTIL VEEDU, PARIPPALLY P.O, KOLLAM,
            PIN - 691574

    6       SHAMNAD. S
            AGED 30 YEARS
            S/O SHAJAHAN, SHAMNAD MANZIL, MG NAGAR-56,
            KALLUMTHAZHAM P.O, KOLLAM, PIN - 691004

            BY ADVS.
            BLAISE JOSEPH
            ARUN T.
 CRL.MC NO. 3865 OF 2022
                                 2

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

     2    SITHIN
          AGED 28 YEARS
          S/O THULASI, THODIYIL VEEDU, NEAR GURU MANDIRAM,
          THINAVILA, KEEZHATTINGAL, THIRUVANANTHAPURAM
          DISTRICT, KERALA, PIN - 695306

          SRI.M.P.PRASANTH, PP

          BY ADV SRAVAN M.S.




      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. 3865 OF 2022
                                    3



                             ORDER

The petitioners are the accused Nos.1 to 6 in Crime

No.229/2014 of Parippally Police Station, which is now pending as

C.C.No.2114/2015 before the Judicial First Class Magistrate Court

(Temporary), Paravoor. The offences alleged against the petitioners

are punishable under Sections 143, 147, 341, 323, 294(b) r/w Section

149 of the Indian Penal Code.

2. The prosecution case is that, on 05.02.2014 at 1.30 pm,

the petitioners formed themselves into an unlawful assembly and

assaulted the 2nd respondent/de-facto complainant. Annexure-1 is

the FIR and Annexure-2 is the final report submitted by the Police.

This Crl.MC is filed for quashing all further proceedings pursuant to

Annexure 2.

3. Heard Sri.Blaise Joseph, the learned counsel appearing

for the petitioners, Sri.M.P.Prasanth, the learned Public Prosecutor

appearing for the State and Sri.Sravan M.S, the learned counsel

appearing for the 2nd 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 the de- CRL.MC NO. 3865 OF 2022

facto complainant/2nd respondent has sworn Annexure-3 affidavit.

The aforesaid affidavit indicates that the matter has been settled and

the 2nd respondent 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 2nd respondent/the 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 2nd respondent 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 CRL.MC NO. 3865 OF 2022

can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure-2 final report

in Crime No.229/2014 of Parippally Police Station and all further

proceedings in C.C.No.2114/2015 pending before the Judicial First

Class Magistrate Court (Temporary), Paravoor as against the

petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

bng CRL.MC NO. 3865 OF 2022

APPENDIX OF CRL.MC 3865/2022

PETITIONERS ANNEXURES

Annexure1 CERTIFIED COPY OF THE FIR IN CRIME NO.

229/2014 OF PARIPPALLY POLICE STATION

Annexure2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 2114/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), PARAVOOR

Annexure3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT