Nibin vs State Of Kerala
2022 Latest Caselaw 8351 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. 3836 OF 2022

    AGAINST THE ORDER/JUDGMENT IN CC 406/2021 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS II,CHAVAKKAD

PETITIONER/1ST AND 2ND ACCUSED:

    1     NIBIN
          AGED 23 YEARS
          S,O JAYAN, KARUTHEDATH (H), THIRUVATHIRA,
          ORUMANAYOOR, THRISSUR., PIN - 680512

    2     MAHESH
          AGED 31 YEARS
          S,O LOHIDHAKSHAN, KANDAMBULLI HOUSE, KANNIKKUTHY,
          ORUMANAYOOR, CHAVAKKAD, THRISSUR,, PIN - 680512

          BY ADVS.
          MANU K. MURALI
          VIVEK.P.K



RESPONDENT/S:

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

    2     SINDHU ASHOKAN
          AGED 44 YEARS
          W,O ASHOKAN, KUNDU (H), ORUMANAYOOR P.O., CHAVAKKAD
                                  2

Crl.M.C No.3836 of 2022

             TALUK, THRISSUR,, PIN - 680512

     3       RAJESH
             AGED 47 YEARS
             S/O APPU, POOVANTHARA HOUSE, ORUMANAYOOR P.O.,
             CHAVAKKAD, THRISSUR, PIN - 680512

             BY ADVS.
             PUBLIC PROSECUTOR
             RAHUL SASI




             ADV. M. P. PRASHANT- SR PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                         3

Crl.M.C No.3836 of 2022

                                  ORDER

The petitioners are the accused in Crime No.12/2021 of

Chavakkad Police Station which is now pending as C.C 406/2021

before the Judicial First Class Magistrate Court, Chavakkad. The

offences alleged against the petitioners are punishable under

Sections 341, 323, 506 read with Section 34 of Indian Penal Code.

2. The prosecution case is that, on 02.01.2021, the

petitioners have wrongfully restrained, threatened and assaulted

the 2nd and 3rd respondents. Annexure-A1 is the final report

submitted by the Police. This Crl.MC is filed for quashing all

further proceedings pursuant thereto.

3. Heard Sri. Manu K Murali, the learned counsel appearing

for the petitioners, Sri. M.P Prashanth, the learned Public

Prosecutor appearing for the State and Sri. Rahul Sasi, the learned

counsel appearing for the 2nd and 3rd respondents.

4. The prayer for quashing the above proceedings is

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

Crl.M.C No.3836 of 2022

between the parties has been settled and to substantiate the

same, the injured persons have sworn Annexures-A2 and A3

affidavits respectively. The aforesaid affidavits indicate that, the

matter has been settled and the injured persons have no

subsisting grievance against the petitioners herein. They also

conveyed that they have no objection in quashing the proceedings

against the petitioners herein. The learned counsel for the

respondents Nos.2 and 3/injured persons 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 injured persons have

reiterated that, they do not have any objection in quashing the

proceedings as they have 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

Crl.M.C No.3836 of 2022

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-A1 final report

in Crime No.12/2021 of Chavakkad Police Station and all further

proceedings in C.C.No.406/2021 pending before the Judicial First

Class Magistrate Court, Chavakkad as against the petitioners are

hereby quashed.

SD/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.3836 of 2022

APPENDIX OF CRL.MC 3836/2022

PETITIONER ANNEXURES

Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO. 12 OF 2021 OF CHAVAKKAD POLICE STATION

Annexure A2 THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 12.02.2022.

Annexure A3 THE AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 12.02.2022