Shibin Samson vs State Of Kerala
2022 Latest Caselaw 6131 Ker

Crl.M.C.No.2279/2022               1


              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. 2279 OF 2022
     CRIME NO.683/2014 OF ERAVIPURAM POLICE STATION, Kollam
     AGAINST THE ORDER/JUDGMENT IN CC 1065/2014 OF JUDICIAL
                MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSED 1-4:

     1       SHIBIN SAMSON,
             AGED 32 YEARS,
             NELLIKKATHU HOUSE, NADUVILAKKARA P.O,
             MAYYANADU, KOLLAM, PIN - 691 589.

     2       KELVIN JERMIAS,
             AGED 33 YEARS,
             VINCY LAND, PULLICHARA CHERRY,
             MAYYANAD, KOLLAM, PIN - 691 304.
     3       ENOSH ALEX,
             AGED 28 YEARS,
             PANAVILA,PULLICHIRA P.O, KOLLAM, PIN - 691 304.
     4       SHIBIN GOMEZ,
             AGED 33 YEARS,
             SHAJI SHINE,PULLICHIRA P.O, KOLLAM, PIN - 691 304.
             BY ADVS.
             ARUN BABU
             ARUN K.J.
             ALEN.C.LAZAR


RESPONDENTS/STATE/COMPLAINANT:

     1       STATE OF KERALA,
             PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682
             031.

     2       THE SUB INSPECTOR, ERAVIPURAM POLICE STATION,
             KOLLAM, PIN - 691 304.
 Crl.M.C.No.2279/2022               2



     3       JOBY JOHN,
             AGED 29 YEARS,
             CHARUVILA HOUSE, MAYYANDU P.O.,
             KOLLAM, PIN - 691 303.
             BY ADV C.S.SUMESH


      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.2279/2022                        3


                                  ORDER

The petitioners are the accused in Crime No.683 of 2014 of

Eravipuram Police Station, which is now pending as C.C.No.1065 of

2014 before the Judicial First Class Magistrate Court-II, Kollam. The

offences alleged against the petitioners are under Sections 143, 147,

148, 294(b), 323, 324 read with Section 149 IPC.

2. The prosecution case is that on 03.05.2014 the petitioner

along with some unidentifiable persons assaulted the 3 rd respondent/de

facto complainant and caused injuries to him. Annexure-A1 is the final

report submitted in this case. This Crl.M.C. is filed for quashing all

further proceedings pursuant to Annexure-A1 final report.

3. Heard Sri.Arun Babu, learned counsel for the petitioners,

Sri.C.S.Hrithwik, learned Public Prosecutor for the State and

Sri.C.S.Sumesh learned counsel for the 3rd respondent.

4. Prayer for quashing the proceedings is sought mainly on

the ground that the dispute between the parties has been settled.

Annexure-A2 affidavit sworn by the 3rd respondent/de facto

complainant is filed along with this Crl.M.C. to substantiate the

settlement. In the said affidavit, the 3 rd 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 3 rd

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.

In the result, this Crl.M.C. is allowed, and Annexure-A1 final

report submitted in crime No.683 of 2014 of Eravipuram Police Station

and all further proceedings in C.C.No.1065 of 2014 on the file of the

Judicial First Class Magistrate Court-II, Kollam, against the petitioners

are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/1.6.22

APPENDIX OF CRL.MC 2279/2022

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE CHARGE DATED 29/05/2014 IN CRIME NO. 683/2014 OF ERAVIPURAM POLICE STATION, KOLLAM

Annexure A2 AFFIDAVIT DATED 09/02/2022 EXECUTED BY THE 3RD RESPONDENT