Maneesh P vs State Of Kerala
2022 Latest Caselaw 8523 Ker

Crl.M.C.No.2997/22                  1



              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. 2997 OF 2022
CRIME NO.608/2020 OF Perinthalmanna Police Station, Malappuram
      AGAINST THE ORDER/JUDGMENT IN CC 43/2021 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA
PETITIONER/ACCUSED:

             MANEESH P.,
             AGED 42 YEARS,
             S/O.RAMACHANDRAN,
             KOOMANKALATHIL HOUSE, KUNNAKKAVU,
             MALAPPURAM DISTRICT, PIN - 679 340.

             BY ADV K.RAKESH



RESPONDENTS/STATE & DE FACTO COMPLAINANT:

     1       STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, KOCHI, PIN - 682 031.

     2       SUNDARESH,
             AGED 41 YEARS,
             S/O.RAMAN, CHERIYILPARAMBIL HOUSE,
             KUNNAKKAVU P.O., ELAMKULAM, PERINTHALMANNA TALUK,
             MALAPPURAM DISTRICT, PIN - 679 340.

             BY ADVS.
             SMT.SEENA C.PUBLIC PROSECUTOR
             K.S.PRAVEEN


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2997/22                       2



                               ORDER

Petitioner is the sole accused in Crime No.608 of 2020 of

Perinthalmanna Police Station, which is now pending as C.C.No.43

of 2021 on the file of the Judicial First Class Magistrate Court-I,

Perinthalmanna. The offences alleged against the petitioners are

under Sections 341 and 326 IPC.

2. The prosecution case is that on 29.05.2020 at about

12.30 pm, the petitioner wrongfully restrained and assaulted the

2nd respondent, thereby caused fracture on the left little finger of

the 2nd respondent. Annexure-A is the final report submitted by the

police. This Crl.M.C is filed for quashing all further proceedings

pursuant thereto.

3. Heard Sri.K.Rakesh, learned counsel for the petitioner,

Smt.Seena C., learned Public Prosecutor for the State and

Sri.K.S.Praveen, learened counsel for the 2nd respondent.

4. Prayer for quashing the proceedings is sought mainly on

the ground that the dispute between the parties has been settled.

Annexure-C affidavit sworn by the 2nd respondent/de facto

complainant is filed along with this Crl.M.C. to substantiate the

settlement. In the said affidavit, the 2 nd respondent/de facto

complainant had specifically acknowledged the aforesaid

settlement and also conveyed the no-objection to quash the

proceedings against the petitioners herein. The learned counsel

appearing for the 2nd respondent/de facto complainant also

confirms the same. The learned Public Prosecutor, upon

instructions, submitted that the Station House Officer concerned

has verified the veracity of the same and found it to be genuine.

5. The allegations would reveal that the dispute is purely

private in nature. In such circumstances, by applying the

principles laid down by the Honourable Supreme Court in Gian

Singh v. State of Punjab and Another [(2012) 10 SCC 303],

proceedings can be quashed by invoking the powers of this Court

under Section 482 Cr.P.C. This is particularly because, on account

of the settlement, no fruitful purpose would be served by allowing

the prosecution to continue.

6. It is true that one of the offences alleged is under

Section 326 IPC. However, on perusal of the records, it is seen

that the injuries sustained by the 2nd respondent/de facto

complainant is only a fracture on little finger. No criminal

antecedents of the petitioner also were brought to my notice. In

such circumstances, in the light of the settlement, it is only

appropriate that the proceedings against the petitioner be quashed

by invoking powers of this Court under Section 482 Cr.P.C.

In the result, this Crl.M.C. is allowed, and Annexure-A final

report submitted in Crime No.608 of 2020 of Perinthalmanna

Police Station and all further proceedings in C.C.No.43 of 2021 on

the file of the Judicial First Class Magistrate Court-I,

Perinthalmanna, against the petitioner are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/7.7.22

APPENDIX OF CRL.MC 2997/2022

PETITIONER ANNEXURES

Annexure A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.608/2020 OF THE PERINTHALMANNA POLICE STATION

Annexure B TRUE COPY OF THE ACCIDENT-CUM-WOUND CERTIFICATE ISSUED FROM THE DISTRICT HOSPITAL, PERINTHALMANNA DATED, 29-5-2020

Annexure C AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED, 2-5-2022