Anil Lal Venu @ Vishnu vs State Of Kerala
2022 Latest Caselaw 6289 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. 5494 OF 2021
   CRIME NO.1004/2018 OF Udayamperoor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CC 1321/2018 OF JUDICIAL FIRST CLASS
                   MAGISTRATE COURT, TRIPUNITHURA
PETITIONERS/ACCUSED NO.1 &2:

    1       ANIL LAL VENU @ VISHNU
            AGED 30 YEARS
            S/O.VENUGOPAL, PALLEPANATH HOUSE, EROOR NORTH,
            ERNAKULAM DISTRICT.
    2       AJITH BABU
            AGED 25 YEARS,
            S/O.BABU, KOLLAMPARAMBIL HOUSE, NADAKKAVU P.O.,
            UDAYAMPEROOR, ERNAKULAM DISTRICT.
            BY ADV KARTHIK BHAVADASAN


RESPONDENTS/COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM - 682 031.
    2       STATION HOUSE OFFICER
            (CRIME NO.1004/2018) UDAYAMPEROOR POLICE STATION,
            ERNAKULAM DISTRICT - 682 307.
    3       NITHIN.M.S
            AGED 25 YEARS
            S/O.SADHANANDHAN, MEKKEBALLY HOUSE, KOCHUPALLY,
            UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE, ERNAKULAM
            DISTRICT - 682 307.
    4       NITHIN PRAKASHAN
            AGED 27 YEARS
            S/O.PRAKASHAN, KOCHUPALLY, UDAYAMAPEROOR KARA,
            MANAKUNNAM VILLAGE, ERNAKULAM DISTRICT - 682 307.
    5       VISHNU DEV
            AGED 28 YEARS
            S/O.BHASURAN, MUTTATHUBALLY HOUSE, KOCHUPALLY,
            UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE, NADAKKAVU P.O.,
            ERNAKULAM DISTRICT - 682 307.
    6       SARATH.S
            AGED 27 YEARS
            S/O.ANIL, UPPUTTIPARAMBIL HOUSE, KOCHUPALLY,
 CRL.MC NO. 5494 OF 2021
                              2

          UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE, ERNAKULAM
          DISTRICT - 682 307.
    7     ANANTHU
          AGED 29 YEARS
          S/O.VISHWANATHAN, UPPUTTIPARAMBIL HOUSE, KOCHUPALLY,
          UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE, ERNAKULAM
          DISTRICT - 682 307.
          BY ADV S.VISHNU (TRIPUNITHURA)
          M.T. PRASANTH, SENIOR GP


     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. 5494 OF 2021
                                    3




                             O R D E R

The petitioners are the accused numbers 1 and 2 in Crime Number

1004 of 2018 of Udayamperoor police station, which is now pending as

CC.No.1321/2018 before the Judicial First Class Magistrate Court,

Tripunithura. The offenses alleged against the petitioner are under section

341, 323, 324, 506(I), 506 r/w 34 of IPC.

2. The prosecution case is that on 06-08-2018 at about 19.00

hours, the petitioner have wrongfully restrained the defacto complainant

and his friends who are respondent 3 to 7 and attacked them with a broken

bottle. Annexure-1 is the FIR and Annexure-2 is the final report. This

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

aforesaid calendar case.

3. Heard Sri.Karthik Bhavadasan, Learned counsel appearing for

the petitioner, Sri.M.T. Prasanth, Learned Public Prosecutor and Sri.

S.Vishnu, Learned Counsel appearing for the respondents 2 to 7.

4. Prayer for quashing the proceedings is sought mainly on the CRL.MC NO. 5494 OF 2021

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

III, Annexure- III (a), Annexure- III(b), Annexure- III(c), Annexure- III(d)

are the affidavits sworn by the respondents 3 to 7 which are filed along

with this Crl.M.C. to substantiate the settlement. In the said affidavits, the

respondents 3 to 7 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 respondents 3

to 7 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 Honorable 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.

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

report submitted in Crime No.1004 of 2018 of Udayamperoor Police CRL.MC NO. 5494 OF 2021

Station and all further proceedings in C.C.No.1321 of 2018 on the file of

the Judicial First Class Magistrate Court, Tripunithura against the

petitioners are hereby quashed.

sd/-

ZIYAD RAHMAN.A.A JUDGE KVT CRL.MC NO. 5494 OF 2021

APPENDIX OF CRL.MC 5494/2021

PETITIONERS' ANNEXURES:

Annexure I A CERTIFIED COPY OF THE FIR CRIME NO.1004 OF 2018 OF UDAYAMPEROOR POLICE STATION.

Annexure II A CERTIFIED COPY OF THE FINAL REPORT IN CC 1321 OF 2018 PENDING ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA.

Annexure III AFFIDAVIT SWORN BY CW1 IN ANNEXURE-II. Annexure III(A) AFFIDAVIT SWORN BY CW2 IN ANNEXURE-II. Annexure III(B) AFFIDAVIT SWORN BY CW3 IN ANNEXURE-II. Annexure III(C) AFFIDAVIT SWORN BY CW4 IN ANNEXURE-II. Annexure III(D) AFFIDAVIT SWORN BY CW5 IN ANNEXURE-II.