Riyas vs State Of Kerala
2022 Latest Caselaw 8519 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

               THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944

                          CRL.MC NO. 2928 OF 2022

                Crime No.210/2014 of Nadapuram Police Station

PETITIONER/1ST ACCUSED:

             RIYAS
             AGED 41 YEARS
             S/O ANDRU, RESIDING AT PUTHANPURAYIL HOUSE, KALLACHI P.O,
             NADAPURAM, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN -
             673506

             BY ADVS.
             J.R.PREM NAVAZ
             SUMEEN S.

RESPONDENT/STATE AND DEFACTO COMPLAINANT:
     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031

     2       PRAMOD KUMAR, AGED 44 YEARS
             S/O RAYIRUKUTTY, RESIDING AT MATHATHU THAZHEKUNI HOUSE,
             BHOOMIVATHUKKAL P.O, VENIMEL AMSOM, VADAKARA TALUK,
             KOZHIKODE DISTRICT, PIN - 673517

             BY ADVS.
             PUBLIC PROSECUTOR
             VARNIBHA.T T
             AJOY VENU(K/1079/2010)


             ADV. SEENA. C-PP

    THIS     CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                    2

Crl.M.C No.2928 of 2022




                              ORDER

The petitioner is the 1st accused in Crime No.210/2014 of

Nadapuram Police Station which is now pending as S.C 110/2022

before the Assistant Sessions Court, Vadakara. The offences alleged

against the petitioner and other accused are punishable under

Sections 143, 147, 148, 341, 323, 324 and 308 r/w Section 149 of

Indian Penal Code.

2. The prosecution case is that, accused Nos. 1 to 4 formed

themselves into an unlawful assembly and in prosecution of their

common object of that assembly, on 10.03.2014 at 13.15 hours

wrongfully restrained the 2nd respondent/defacto complainant and

assaulted him with weapons.

3. It is pointed out that, the 4th accused in this case has

already faced the trial and he was acquitted by the Court. The

proceedings against the 2nd and 3rd accused were quashed by this

Court as per Annexure-A3 judgment on the basis of settlement

arrived at between the parties. This Crl.M.C is filed by the petitioner,

challenging the prosecution against him.

Crl.M.C No.2928 of 2022

4. Heard Sri. J.R.Prem Navas, the learned counsel appearing

for the petitioner, Smt.. Seena C, the learned Public Prosecutor

appearing for the State and Smt.Varnibha T.T, the learned counsel

appearing for the 2nd respondent.

5. 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 injured

person/2nd respondent has sworn Annexure-A2 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/injured person 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.

Crl.M.C No.2928 of 2022

6. 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

of this Court under Section 482 of the Code of Criminal Procedure

can be invoked.

7. Eventhough, one of the offence is under Section 308 of

IPC, from the documents it is discernible that, the 4 th accused stands

acquitted. Apart from the above, the proceedings against the 2 nd

and 3rd respondents were quashed by this Court. In such

circumstances, I am inclined to invoke the jurisdiction of this Court

under Section 482 Cr.P.C

Accordingly, this Crl.M.C. is allowed. All further proceedings

pursuant to Annexure-AI, final report in Crime No.210/2014 of

Nadapuram Police Station and all further proceedings in S.C

Crl.M.C No.2928 of 2022

110/2022 pending before the Assistant Sessions Court, Vadakara as

against the petitioner are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.2928 of 2022

APPENDIX OF CRL.MC 2928/2022

PETITIONER ANNEXURES

Annexure-A1 THE ACCUSED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO: 210 OF 2014 OF NADAPURAM POLICE STATION, KOZHIKODE DISTRICT

Annexure-A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT

Annexure-A3 THE TRUE COPY OF THE ORDER DATED 25.02.2022 IN CRL.M.C. NO: 1294 OF 2022 PASSED BY THIS HON'BLE COURT