Kannan vs State Of Kerala Represented By ...
2022 Latest Caselaw 6101 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. 2759 OF 2022
    AGAINST CP 4/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                        -III,TRIVANDRUM
PETITIONER/S:

    1     KANNAN
          AGED 43 YEARS
          SARASWATHI BHAVAN, JAGATHY, THYCAUD.P.O,
          THIRUVANANTHAPURAM, PIN - 695014
    2     SENTHIL
          AGED 36 YEARS
          S/O MUPPIDADI, RESIDING AT MELEPPUTHAN HOUSE,
          THIRUMALA, THIRUMALA.P.O, THIRUVANANTHAPURAM, PIN -
          695014
    3     SURESH
          AGED 43 YEARS
          S/O AYYAPPAN, RESIDING AT CHANDRALAYAM HOUSE
          JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM, PIN -
          695014
    4     RAMESH @ RAMU
          AGED 41 YEARS
          S/O AYYAPPAN, RESIDING AT CHANDRALAYAM HOUSE,
          JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM, PIN -
          695014
          BY ADVS.
          MITHUN P.
          AFSAL KHAN H.
RESPONDENT/S:

    1     STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
          HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031
    2     MOHAMMED YUSAF
          AGED 42 YEARS
          S/O MOHAMMED HANEEFA, RESIDING AT TC 14/ 530, PARIS
          ROAD, NANDAVANAM, THYCAUD.P.O THIRUVANANTHAPURAM
          DISTRICT, PIN - 695014
    3     ZULFIKAR MOHAMMED
          AGED 50 YEARS
          S/O ABDUL RAHUMAN, RESIDING AT TC 14/ 508(2) FATHIMA
          MANSIL, NANDAVANAM, THYCAUD.P.O THIRUVANANTHAPURAM
          DISTRICT, PIN - 695014
          BY ADV JAEONA JAMES
 Crl. M.C. No. 2759 of 2022       -2-




      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. 2759 of 2022        -3-




                          JUDGMENT

Dated this the 1st day of June, 2022

The petitioners are the accused Nos. 1 to 4 in Crime No. 2063 of

2019 of Museum Police Station which is now pending as C. P. No. 4

of 2020 before the Judicial First Class Magistrate Court - III,

Thiruvananthapuram. The offences alleged against the petitioners are

under Section 452, 294(b), 323, 324 and 308 read with 34 of the

Indian Penal Code.

2. The prosecution case is that on 09.11.2019, the petitioners

have trespassed into the flour mill run by the 2 nd respondent / de facto

complainant and assaulted the 2nd and 3rd respondents with wooden

rafters and caused injuries. Annexure A1 is the final report. This Crl.

M. C. is filed for quashing all further proceedings pursuant to

Annexure A1.

3. Heard Sri. Mithun P., learned counsel appearing for the

petitioner, Sri. C. S. Hrithwik, learned Public Prosecutor appearing for

the State and Mr. Jaeona James, learned counsel for respondent Nos. 2

and 3.

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, Annexures A2 and A3 affidavits sworn by

respondent Nos. 2 and 3 are produced. The fact of settlement is

acknowledged in the aforesaid affidavit and it is also specifically

stated that the 2nd and 3rd respondents have no subsisting grievances

against the petitioners herein. The 2nd and 3rd respondents also clearly

expressed their no objection in quashing the proceedings against the

petitioners. The learned counsel appearing for the 2nd and 3rd

respondents also confirms the aforesaid settlement and supports the

prayer sought for by the petitioners herein. Veracity of the settlement

has been examined by the Station House Officer concerned by

contacting the 2nd and 3rd respondents.

5. On going through the nature of allegations as contained in

Annexure A1 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. P. No. 4 of 2020 pending before the Judicial First Class Magistrate

Court - III, Thiruvananthapuram pursuant to Crime No. 2063 of 2019

of Museum Police Station are hereby quashed.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE

Eb

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

APPENDIX OF CRL.MC 2759/2022

PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL CHARGE IN CRIME NUMBER: 2063 OF 2019 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A2 THE AFFIDAVIT DATED 19.03.2022, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT Annexure A3 THE AFFIDAVIT DATED 19.03.2022, SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT/ INJURED