Kerala High Court
Bijoy M O vs State Of Kerala 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. 825 OF 2022
PETITIONER/S:
BIJOY M O
AGED 37 YEARS
MADATHIPPARAMBIL, KORATTY P.O, MURINGOOR THEKKUMURI
VILLAGE, KIZHAKKUMURI, THRISSUR DISTRICT- 680 308,
PIN - 680308
BY ADVS.
BIMALA BABY
BLAISE JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 SUBASH
AGED 37 YEARS
MUDIYAATTOM HOUSE, CONVENT ROAD, KORATTY
KIZHUKKUMURI, THRISSUR DISTRICT- 680 308., PIN -
680308
BY AdV JINO JOSE KALLARACKAL
OTHER PRESENT:
ADV. C. S. HRITHWIK -SR. 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. 825 of 2022 -2-
JUDGMENT
Dated this the 1st day of June, 2022
The petitioner is the 2nd accused in Crime No 314 of 2018 of
Koraty Police Station which is now pending as C. C. No. 786 of 2018
before the Judicial First Class Magistrate Court - I, Chalakudy. The
offences alleged against the petitioner are under Sections 448, 341,
323, 506, 427 and 34 of the Indian Penal Code.
2. The prosecution case is that the petitioner along with the 1 st
accused trespassed into the house of the 2nd respondent on 13.05.2018
at 18:30 hours, and assaulted him. Annexure 1 is the FIR and
Annexure 2 is the final report submitted in the said case. This Crl. M.
C. is filed for quashing all further proceedings pursuant to Annexure
2.
3. Heard Smt. Bimala Baby, learned counsel appearing for the
petitioner, Sri. C. S. Hrithwik, learned Public Prosector and Sri. Jino
Jose, 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 3 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 taking statement of
the de fact complainant and found to be genuine.
5. On going through the nature of allegations as contained in
Annexure 2 final report, 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. 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
C. C. No. 786 of 2018 pending before the Judicial First Class
Magistrate Court - I, Chalakudy pursuant to Crime No. 314 of 2018 of
Koraty Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
APPENDIX OF CRL.MC 825/2022
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR IN CRIME NO. 314/2018 OF
KORATTY POLICE STATION, THRISSUR RURAL
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.
786/2018 ON THE FILE OF THE COURT OF THE
JUDICIAL FIRST CLASS MAGISTRATE, CHALAKUDY.
Annexure 3 AFFIDAVIT OF 2ND RESPONDENT
