Rakesh vs State Of Kerala
2022 Latest Caselaw 8560 Ker

Crl.M.C.No.3354/22                      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. 3354 OF 2022
          CRIME NO.2384/2021 OF Aryanad Police Station,
                           Thiruvananthapuram
      AGAINST THE ORDER/JUDGMENT IN CP 13/2022 OF JUDICIAL
              MAGISTRATE OF FIRST CLASS -I,NEDUMANGAD
PETITIONER/ACCUSED:

            RAKESH,
            AGED 31 YEARS,
            KUNNINPURATHU VEETIL, THOLOOR KOLLARA, ARYANADU
            VILLAGE, ARYANADU P.O, THIRUVANANTHAPURAM., PIN -
            695 542.

            BY ADV M.R.SARIN



RESPONDENT/STATE/DE FACTO COMPLAINANT:

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

      2     AKHIL,
            AGED 47 YEARS,
            AKHIL BHAVAN, KUNNUMPURAM, THOLOOR, ARYANAD,
            THIRUVANANTHAPURAM, PIN - 695 542.

            BY ADV RAJITHA V.K


       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.3354/22                             2

                                  ORDER

The petitioner is the accused in Crime No.2384 of 2021 of

Aryanadu Police Station, which is now pending as C.P.No.13 of

2022 before the Judicial First Class Magistrate Court-I,

Nedumangad. The offences alleged against the petitioners are

under Sections 294(b), 341, 323, 324, 308 of IPC.

2. The prosecution case is that on 13.12.2021 at 20.30

hours, the petitioner abused the 2 nd respondent by using filthy

language, wrongfully restrained him and assaulted him with a

knife. Annexure-A1 is the FIR and Annexure-A2 is the Final

Report submitted by the Police. This Crl.M.C. is filed for quashing

all further proceedings pursuant thereto.

3. Heard Sri.M.R.Sarin, learned counsel for the

petitioner, Sri.C.S.Hrithwik, Senior Public Prosecutor for the

State and Smt.Rajitha V.K, learned counsel for the 2 nd respondent.

4. Prayer for quashing the proceedings is sought mainly

on the ground that the dispute between the parties has been

settled. Annexure-A3 affidavit sworn by the 2 nd 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.

It is true that one of the offences alleged is under Section

308 IPC. However, it is discernible from the records that the

injuries sustained by the de facto complainant are not serious in

nature. Apart from the above, no criminal antecedents of the

petitioner was also brought to my notice. In such circumstances,

taking into account the settlement arrived at between the parties,

I am inclined to invoke the jurisdiction of this Court under

Section 482 Cr.P.C.

In the result, this Crl.M.C. is allowed, and Annexure-A2

final report submitted in Crime No2384 of 2021 of Aryanadu

Police Station and all further proceedings in C.P.No.13 of 2022 on

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

Nedumangadu against the petitioner are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/6.7.22

APPENDIX OF CRL.MC 3354/2022

PETITIONER ANNEXURES

AnnexureA1 THE TRUE COPY OF THE FIR IN CRIME NO.

2384/2021 REGISTERED BY THE ARYANADU POLICE STATION.

Annexure2 THE TRUE COPY OF THE FINAL REPORT IN CP NO. 13/2022 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGADU, THIRUVANANTHAPURAM.

AnnexureA3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT