Kerala High Court
Unni.K vs State Of Kerala on 1 July, 2022
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. 3840 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 125/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,HOSDRUG
PETITIONER/ACCUSED:
UNNI.K
AGED 29 YEARS
SON OF BHARGAVAN,
R/AT VELIPPURAM HOUSE, THAMBURAN VALAPPU, BEKAL,
KOTTIKULAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.,
PIN - 671318
BY ADV A.ARUNKUMAR
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 SUMESH MURUGAN
AGED 24 YEARS
SON OF MURUGAN,
S.M.NIVAS, THAMBURAN VALAPPU, BEKAL, KOTTIKULAM VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT., PIN - 671318
BY ADV VIPIN T JOSE
ADV. SUDHEER GOPALAKRISHNAN -PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.M.C No.3840 of 2022
ORDER
The petitioner is the accused in Crime No.782/2020 of Bekal
Police Station which is now pending as C.C No. 125/2021 before the
Judicial First Class Magistrate Court-II, Hosdurg. The offences
alleged against the petitioner is punishable under Sections 341, 323
and 324 of Indian Penal Code.
2. The prosecution case is that, on 26.10.2020, at 20.00
hours, the petitioner wrongfully restrained the 2nd
respondent/defacto complainant and assaulted him with a helmet.
Annexure-A1 is the FIR and Annexure-AII is the final report
submitted by the Police. This Crl. M.C is filed for quashing all further
proceedings pursuant thereto.
3. Heard Sri. A.Arunkumar, the learned counsel appearing for
the petitioner, Sri. Sudheer Gopalakrishnan, the learned Public
Prosecutor appearing for the State and Sri. Vipin T Jose, the learned
counsel appearing for the 2nd respondent.
4. The prayer for quashing the above proceedings is sought
for by the petitioner on the ground that, the dispute between the
parties has been settled and to substantiate the same, the defacto
Crl.M.C No.3840 of 2022
complainant/2nd respondent has sworn Annexure-III affidavit. The
aforesaid affidavit indicates that, the matter has been settled and the
2nd respondent has no subsisting grievance against the petitioner
herein. He also conveyed that he has no objection in quashing the
proceedings against the petitioner herein. The learned counsel for
the 2nd respondent/defacto 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 petitioner
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 petitioner 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
Crl.M.C No.3840 of 2022
of this Court under Section 482 of the Code of Criminal Procedure
can be invoked.
Accordingly, this Crl.M.C. is allowed. All further proceedings
pursuant to Annexure-I, FIR in Crime No.782/2020 of Bekal Police
Station and all further proceedings in C.C No. 125/2021 pending
before the Judicial First Class Magistrate Court-II, Hosdurg as against
the petitioner are hereby quashed.
SD/-
ZIYAD RAHMAN A.A
JUDGE
rpk
Crl.M.C No.3840 of 2022
APPENDIX OF CRL.MC 3840 OF 2022
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO. 782 OF
2020 OF BEKAL POLICE STATION
ANNEXURE AII CERTIFIED COPY OF THE CRIME NO.782 OF 2020
OF BEKAL POLICE STATION
ANNEXURE AIII THE AFFIDAVIT SWORN TO BY THE RESPONDENT
NO.2
