Sameerali vs State Of Kerala
2022 Latest Caselaw 6231 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                       CRL.MC NO. 6460 OF 2021
        CRIME NO.108/2006 OF TIRUR POLICE STATION, MALAPPURAM
 TO QUASH FINAL REPORT IN SC 406/2018 ON THE FILES OF ADDITIONAL
               SESSIONS COURT (FAST TRACK II), MANJERI
PETITIONER/ACCUSED IN S.C. NO.406/2018 ON THE FILES ON ADDITIONAL
SESSIONS COURT (FAST TRACK II) IN MANJERI:

    1       SAMEERALI
            AGED 35 YEARS
            S/O. KHADAR, MANGALAM AMSOM, KUTTAYI P.O, PARIS NAGAR,
            MALAPPURAM DISTRICT - 676562.
            BY ADVS.
            NIRMAL V NAIR
            AJAI BABU
RESPONDENTS/STATE ABD DE FACTO COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 682031.
    2       ABBAAS
            AGED 58 YEARS
            S/O. IMBICHI BAVA, RESIDING AT KUNNATH PARAMBIL HOUSE,
            MANGALAM KUTTAYI P.O, PARIS NAGAR,TIRUR TALUK,
            MALAPPURAM DISTRICT - 676562.
    3       CHERIYA BAVAKUTTY
            AGED 73 YEARS
            S/O. IMBICHI BAVA, RESIDING AT KUNNATH PARAMBIL HOUSE,
            MANGALAM KUTTAYI P.O, PARIS NAGAR, TIRUR TALUK,
            MALAPPURAM DISTRICT - 676562.
            BY ADVS.
            SRI.M.P. PRASANTH, SENIOR PUBLIC PROSECUTOR
            SRI.RAHUL S.NATH FOR R2 AND R3
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL. MC NO.6460 OF 2021
                                      2




                                ORDER

Dated this the 03rd day of June, 2022

The petitioner is the 4th accused in Crime

No.108/2006 of Tirur Police Station. The offences

alleged against the petitioner and the other accused

are under Sections 143, 147, 148, 323, 324, 341,

447, 308 read with 149 of the Indian Penal Code.

2. The prosecution case is that, on 12.02.2006

at about 1 p.m., the petitioner and the other accused

formed themselves into an unlawful assembly and in

furtherance of their common intention assaulted the

2nd and 3rd respondents on account of political rivalry.

Annexure-1 is the final report submitted by the

police.

3. The cognizance of the aforesaid case was

taken by the Judicial First Class Magistrate Court,

Tirur as C.P. No.29/2006 and upon being committed

to the Court of Session, Manjeri, the same was

numbered as S.C.No.475/2006. Out of the total 6 CRL. MC NO.6460 OF 2021

accused persons, accused Nos.2, 5 and 6 have faced

trial in S.C.No.475/2006 and acquitted by judgment

dated 06.01.2009. Later, the 1st accused surrendered

and he faced the trial as S.C.No.158/2009 and he was

also acquitted as per judgment dated 27.10.2009.

Similarly, the 3rd accused who faced the trial as

S.C.No.8/2011 was also acquitted by the Sessions

Court as per judgment dated 17.07.2013. This

Crl.M.C. is filed by the petitioner, seeking for an order

to quash all further proceedings against him.

4. Heard Sri. Nirmal V. Nair, learned Counsel

appearing for the petitioner, Sri. M. P. Prasanth

learned Public Prosecutor and Sri. Rahul S. Nath for

respondents 2 and 3.

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 3 and 4 affidavits

sworn by by respondent 2 and 3 is produced. The

fact of settlement is acknowledged in the aforesaid CRL. MC NO.6460 OF 2021

affidavit and it is also specifically stated that the

respondents 2 and 3 have no subsisting grievances

against the petitioner herein. The respondents 2 and

3 also clearly expressed their no objection in quashing

the proceedings against the petitioner. The learned

counsel appearing for the respondents 2 and 3 also

confirms the aforesaid settlement and supports the

prayer sought for by the petitioners herein. The

learned Public Prosecutor upon instructions submits

that the veracity of the settlement is verified by the

Station House Officer concerned by recording the

statement of de facto complainant and found to be

genuine.

6. On going through the nature of allegations

as contained in Annexure-1 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 CRL. MC NO.6460 OF 2021

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.

7. It is true that the offence under Section 308

of I.P.C. is also alleged against the petitioner.

However, it is discernible from the records that, all

the other accused persons have faced the trial and all

of them were acquitted by the Court. Considering the

nature of the evidence that has been let in by the

prosecution and the finding entered by the learned

Session Judge in the trial conducted against him and

the other accused persons, I am of the view that, the

substratum of the case itself is lost. In such

circumstances, consequent to the settlement and also

on account of the findings of the acquittal of the other

accused, no purpose would be served by allowing the

continuation of the prosecution against the petitioner. CRL. MC NO.6460 OF 2021

In such circumstances, I am inclined to invoke the

jurisdiction of this Court under Section 482 Cr.P.C.

even though offence under Section 308 is also

incorporated.

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

proceedings in S.C.No.406/2018 pending before the

Additional Sessions Court (Fast Track-II), Manjeri

pursuant to Crime No.108/2006 of Tirur Police Station

are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE SKP/3.6 CRL. MC NO.6460 OF 2021

APPENDIX OF CRL.MC 6460/2021

PETITIONER'S ANNEXURES:

ANNEXURE 1 A TRUE COPY OF THE FINAL REPORT DATED 1.4.2006 IN CRIME NO. 108/2006 OF THE TIRUR POLICE STATION.

ANNEXURE 2 A TRUE COPY OF THE JUDGMENT DATED 17.07.2013 IN S.C NO. 8/2011 ON THE FILES OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANJERI.

ANNEXURE 3 THE AFFIDAVIT DATED 14.12.2021 SWORN BY THE 2ND RESPONDENT.

ANNEXURE 4 THE AFFIDAVIT DATED 14.12.2021 SWORN BY THE 2ND RESPONDENT.

RESPONDENTS' ANNEXURES:NIL

TRUE COPY

P.A.TO JUDGE