Rijesh @ Kochumon vs State Of Kerala
2022 Latest Caselaw 8557 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. 4182 OF 2022

    AGAINST THE ORDER/JUDGMENT IN CC 141/2020 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS -II,HOSDRUG

PETITIONER/ACCUSED 1 TO 4:

    1     RIJESH @ KOCHUMON
          AGED 38 YEARS
          MELETHIL HOUSE,
          KARYOTTUCHAL, MALOM VILLAGE,
          VELLARIKUNDU TALUK, KASARAGOD DISTRICT., PIN -
          671533

    2     RAJEESH.N
          AGED 31 YEARS
          S/O. REGHUNATHAN, NEYKAVANODI HOUSE,
          PATHIKKARA, BELAL VILLAGE,
          HOSDURG TALUK, KASARAGOD DISTRICT., PIN - 671533

    3     TIJOY KURIAN
          AGED 35 YEARS
          S/O. KURIAN, KOTTUKAPPALLY HOUSE,
          MUNDOTTU, KALLAR VILLAGE,
          KASARAGOD DISTRICT., PIN - 671532

    4     RENJITH.M
          AGED 31 YEARS
          S/O. RAJAN, KANICHIKULANGARA HOUSE,
          PARAPPA VILLAGE, VELLARIKUNDU TALUK,
          KASARAGOD DISTRICT., PIN - 671533
                                  2

Crl.M.C No.4182 of 2022

             BY ADVS.
             HEMALATHA
             BINU GEORGE
             ARYA UNNIKRISHNAN



RESPONDENT/STATE/DEFACTO COMPLAINANT/INJURED:

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

     2       SANEESH.K.V
             AGED 34 YEARS
             S/O. CHANDRAN.K.V, R/AT. PULIYAMKULAM, KINANOOR.
             P.O,
             PARAPPA VILLAGE, VELLARIKUNDU, KASARAGOD DISTRIC,
             PIN - 671533

             BY ADVS.
             ASWATHI C.
             MINI K.




             ADV.HRITHIK-SR PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                   3

Crl.M.C No.4182 of 2022

                             ORDER

The petitioners are accused Accused Nos. 1 to 4 in Crime

No.271/2019 of Vellarikundu Police Station which is now pending

as C.C 141/2020 before the Judicial First Class Magistrate Court-

II, Hosdurg. The offences alleged against the petitioners are

punishable under Sections 143, 147, 452, 341, 323, 506 and 427

read with Section 149 of Indian Penal Code.

2. The prosecution case is that, on 13.10.2019, at 8.00

p.m, the petitioners along with another trespassed into the beauty

parlour conducted by the 2nd respondent, and smashed the glass

installed in the said beauty parlour with a stone and caused the

damaged to the tune of Rs.12,000/-. Annexure-A1 is the FIR and

Annexure-A2 is the final report submitted by the Police. This

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

Annexure-A2.

3. Heard Smt. Hemalatha, the learned counsel appearing

for the petitioners, Sri. C.S.Hrithwik, the learned Public Prosecutor

Crl.M.C No.4182 of 2022

appearing for the State and Smt. Aswathi.C, 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 defacto complainant has sworn Annexure-A4 affidavit.

The aforesaid affidavit indicates that, the matter has been settled

and the defacto complainant 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 /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 defacto complainant has reiterated that, he does not have

any objection in quashing the proceedings as he has no subsisting

grievance against the petitioners herein.

Crl.M.C No.4182 of 2022

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 can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure-A2 final report

in Crime No.271/2019 of Vellarikundu Police Station and all further

proceedings in C.C.No.141/2020 pending before the Judicial First

Class Magistrate Court-II, Hosdurg as against the petitioners are

hereby quashed. Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.4182 of 2022

APPENDIX OF CRL.MC 4182/2022

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

271/2019 OF VELLARIKUNDU POLICE STATION

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT ALONG WITH WOUND CERTIFICATE IN CRIME NO.

271/2019 OF VELLARIKUNDU POLICE STATION

Annexure A3 A TRUE COPY OF THE MEMO OF EVIDENCE IN CRIME NO. 271/2019 OF VELLARIKUNDU POLICE STATION

Annexure A4 AFFIDAVIT DATED 30.05.2022 SWORN BY 2ND RESPONDENT