Kerala High Court
Abhilash vs State Of Kerala Represented By ... on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
CRL.MC NO. 2638 OF 2022
PETITIONER/S:
ABHILASH
AGED 30 YEARS
GIRIJA BHAVAN, THRIKOVILVATTOM, BHARATHANNOOR P.O,
THIRUVANANTHAPURAM, PIN - 695609
BY ADV MITHUN P.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031
2 AJEESH
AGED 33 YEARS, S/O AJAYAKUMAR, RESIDING AT
SREERANGAM, EDAYAM P.O,
KOLLAM DISTRICT, PIN - 691532
BY ADV HARISHMA P. THAMPI
OTHER PRESENT:
Adv Nima Jacob- GP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No. 2638 of 2022 -2-
JUDGMENT
Dated this the 1st day of June, 2022
The petitioner is the 1st accused in Crime No. 190 of 2022 of
Pangode Police Station which was registered for the offences
punishable under Sections 341, 294(b), 323, 324 and 326 read with 34
of the Indian Penal Code. The aforesaid case was registered on the
basis of the information submitted by the 2nd respondent herein.
2. The prosecution case is that on 05.04.2022, the petitioner,
along with other accused persons, wrongfully restrained the motor
vehicle of the de facto complainant, attacked him using the car keys
and caused serious injuries to him. Annexure A1 is the FIR registered.
This Crl. M. C. is filed for quashing all further proceedings pursuant
to Annexure A1 FIR.
3. Heard Sri. Mithun P., learned counsel appearing for the
petitioner, Smt. Nima Jacob, learned Government Pleader appearing
for the State and Smt. Harishma P. Thampi, learned counsel appearing
for the 2nd respondent.
4. The prayer for quashing the proceedings is sought mainly for
the reason that the dispute between the parties has been settled and to
substantiate the same, Annexure A2 affidavit sworn by respondent No.
2 is produced. The fact of settlement is acknowledged in the aforesaid
affidavit and it is also specifically stated that the 2 nd respondent has no
subsisting grievances against the petitioner herein. The 2 nd respondent
also clearly expressed his no objection in quashing the proceedings
against the petitioner. The learned counsel appearing for the 2 nd
respondent also confirms the aforesaid settlement and supports the
prayer sought for by the petitioner herein. The learned Public
Prosecutor upon instructions submits that the veracity of the
settlement is verified by the SHO concerned by recording the
statement of de facto complainant and found to be genuine.
5. On going through the nature of allegations as contained in
Annexure A1 FIR, it can be seen that the dispute is basically private in
nature. Considering the settlement arrived at between the parties, the
chances of a successful prosecution are very bleak and hence no
fruitful purpose would be served if the proceedings is allowed to
continue.
6. It is seen that the offence under Section 326 is also
incorporated. However on perusal of the above, it is seen that there
was no premeditation on the part of the petitioner in committing the
crime. The incident occurred as a result of road rage.
7. In such circumstances, I am inclined to invoke the jurisdiction
under Section 482 Cr.P.C. even though one of the offences is under
Section 326 Cr.P.C.
Accordingly this Crl.M.C. is allowed. All further proceedings in
Crime No. 190 of 2022 of Pangode Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
APPENDIX OF CRL.MC 2638/2022
PETITIONER ANNEXURES
Annexure A1 THE CITIZENS COPY OF THE FIRST INFORMATION
REPORT IN CRIME NUMBER: 190 OF 2022 OF PANGODE
POLICE STATION, THIRUVANANTHAPURAM DISTRICT
Annexure A2 THE AFFIDAVIT DATED 11.04.2022, SOLEMNLY
AFFIRMED BY THE 2ND RESPONDENT/ DEFACTO
COMPLAINANT
