Roland vs State Of Kerala Represented By The ...
2022 Latest Caselaw 6063 Ker

           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. 2238 OF 2022
  AGAINST SC 300/2022 OF ADDITIONAL DISTRICT COURT & SESSIONS
                 COURT - VI, KOLLAM/ V ADDL.MACT
PETITIONER/S:

          ROLAND
          AGED 38 YEARS
          CHEKKUMMOODU WEST HOUSE, EAST WEST NAGAR-47,
          THANGASSERY, KOLLAM
          , PIN - 691012
          BY ADVS.
          B.MOHANLAL
          P.S.PREETHA
          SHINE N.S
          KARTHIK J SEKHAR


RESPONDENT/S:

    1     STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2     THE STATION HOUSE OFFICER, KOLLAM WEST POLICE STATION
          CUTCHERY P.O., KOLLAM , PIN - 691013
    3     SRI.GILBERT NORBERT
          CHEKKUMMOODU WEST HOUSE,
          EAST WEST NAGAR-47, THANGASSERY, KOLLAM,
          PIN - 691012
          BY ADV MANSOOR ALI


OTHER PRESENT:

          ADV VIPIN NARAYAN - PP


     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. 2238 of 2022         -2-




                           JUDGMENT

Dated this the 1st day of June, 2022

The petitioner is the sole accused in Crime No. 990 of 2021 of

Kollam West Police Station which is now pending as SC No. 300 of

2022 before the Additional District and Sessions Court - VI, Kollam.

The aforesaid crime was registered for the offences punishable under

Sections 323, 324 and 307 of the Indian Penal Code.

2. The prosecution case is that on 20.08.2021 at 09:00 p.m., the

petitioner herein assaulted the 3rd respondent, who is none other than

the brother of the petitioner, residing along with the petitioner in the

very same house, with a broken bottle and inflicted serious injuries on

him. Annexure A1 is the FIR and Annexure A2 is the final report

submitted by the Police.

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

pursuant to Crime No. 990 of 2021 of Kollam West Police Station

pending as S.C. No. 300 of 2022 on the files of the Additional District

and Sessions Court - VI, Kollam.

4. Heard Sri. B. Mohan Lal, learned counsel for the petitioner,

Sri. Vipin Narayanan, learned Public Prosecutor appearing for

respondents 1 and 2 and Sri. Mansoor Ali, learned counsel appearing

for the 3rd respondent.

5. 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 A4 affidavit sworn by respondent No.

3 is produced. The fact of settlement is acknowledged in the aforesaid

affidavit and it is also specifically stated that the 3 rd respondent has no

subsisting grievances against the petitioner herein. The 3rd respondent

also clearly expressed his no objection in quashing the proceedings

against the petitioner. The learned counsel appearing for the 3 rd

respondent also confirms the aforesaid settlement and supports the

prayer sought for by the petitioner herein.

6. It is true that offence under Section 307 is one of the offences

alleged against the petitioner. Usually, since the offence is of serious

nature, quashing of the proceedings on the basis of settlement is not

possible. However, in this case, when I carefully examine the contents

of the final report and the peculiar facts and circumstances of the case,

I notice the following aspects.

7. Firstly, the petitioner and the de facto complainant are

brothers and both of them are residing under the same roof. It is

discernible from the materials that both of them were in a drunken

stage at the relevant time and the incident occurred during a scuffle

between them while both of them were drinking together. It is an

incident occurred inside their residence and the accused also reported

to have sustained some injuries. When all the aforesaid aspects are

taken into consideration, an intention to commit the murder on the part

of the petitioner could not be established.

8. In such circumstances, taking into account the close

relationship between the parties who are residing under the same roof,

I deem it appropriate to invoke the jurisdiction under Section 482

Cr.P.C. to maintain peace among them.

9. In addition to that learned counsel for the petitioner brought

my attention to the specific statement given by the 3 rd respondent in

the affidavit sworn by him wherein it is mentioned that he never

intended to give the statement in the manner recorded by the Police as

against his brother.

10. In such circumstances, when all the above aspects are taken

into consideration, it is highly doubtful whether the offence under

Section 307 would get attracted or not.

11. 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

Cr.P.C. can be invoked.

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

SC No. 300 of 2022 before the Additinal District and Sessions Court -

VI, Kollam pursuant to Crime No. 990 of 2022 of Kollam West Police

Station are hereby quashed.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE

Eb ///TRUE COPY/// P. A. TO JUDGE

APPENDIX OF CRL.MC 2238/2022

PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF FIR IN CRIME NO:990/2021 OF KOLLAM WEST POLICE STATION IN KOLLAM DISTRICT Annexure2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO:

990/2021 OF KOLLAM WEST POLICE STATION IN KOLLAM DISTRICT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOLLAM Annexure3 THE TRUE COPY OF THE SUMMONS ISSUED FROM THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLLAM TO THE PETITIONER.

Annexure4 THE TRUE COPY OF THE AFFIDAVIT DATED 30/03/2022 SUBMITTED BY THE 3RD RESPONDENT FOR COMPOUNDING.