Shibinas vs Shibin
2022 Latest Caselaw 6593 Ker

Crl.M.C.No.2320/2022                1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        CRL.MC NO. 2320 OF 2022
      AGAINST THE ORDER/JUDGMENT IN CC 330/2021 OF JUDICIAL
                  MAGISTRATE OF FIRST CLASS ,PERAMBRA
PETITIONERS/ACCUSED:

     1       SHIBINAS,
             AGED 26 YEARS,
             S/O.KOYA, MANAPPATTU (H),
             KAVIL (P.O) - 673614,
             NADUVANNUR, KOZHIKODE.

     2       SANMAYANAND,
             AGED 26 YEARS,
             S/O.VASU, CHAVERAKANDY (H),
             KOTTUR (P.O)-673 614,
             KOZHIKODE.

     3       AKHILRAJ,
             AGED 26 YEARS,
             S/O.RAJAN, KULAMULLATHIL (H),
             KAVIL (P.O) - 673614,
             NADUVANNUR, KOZHIKODE.

     4       SARIN,
             AGED 26 YEARS,
             S/O.BALARAM, PUTHIYEDATHKANDY (H),
             KAVIL (P.O) - 673614, NADUVANNUR,
             KOZHIKODE.

     5       MUFLU,
             AGED 26 YEARS,
             OTHAYOTH (H), S/O. MUSTHAFA,
             KAVIL (P.O) - 673614, NADUVANNUR,
             KOZHIKODE.
 Crl.M.C.No.2320/2022                  2

             BY ADVS.
             SANTHARAM.P
             REKHA ARAVIND
             P.G.GOKULNATH




RESPONDENTS/COMPLAINANT & STATE:

     1       SHIBIN,
             AGED 27 YEARS,
             S/O.BABU,
             THACHINANITHAZHE (H),
             KAVIL (P.O) - 673 614,
             NADUVANNUR, KOZHIKODE.

     2       STATE OF KERALA,
             REPRESENTED BY ITS PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

             BY ADV ANOOP JOSEPH

             SMT.NIMA JACOB, PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2320/2022                     3

                               ORDER

The petitioners are the accused in Crime No.552 of 2017 of

Perambra Police station, which is now pending as C.C.No.330 of

2021 before the Judicial First Class Magistrate Court-I, Perambra.

The offences alleged against the petitioners are under Sections 143,

147, 148, 323, 324, 326 read with Section 149 IPC.

2. Prosecution case is that, on 02.07.2017 the accused

persons formed themselves into an unlawful assembly, assaulted the

1st respondent due to political revalry and he sustained fracture on

his right hand finger. Annexure-A1 is the FIR and Annexure-A2 is

the final report submitted by the police. This Crl.M.C. is filed to

quash all further proceedings thereof.

3. Heard Sri.Santharam P., learned counsel for the

petitioner, Sri.Anoop Joseph, learned counsel for the 1 st respondent

and Smt.Nima Jacob, learned Public Prosecutor for the State.

4. Prayer for quashing the proceedings is sought mainly on

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

Annexure-4 affidavit sworn by the 1st respondent/de facto

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

settlement. In the said affidavit, the 1st 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 1 st

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.

It is true that one of the offences alleged is offence under

Section 326 IPC. However, on perusal of the records, it is seen that

the injury sustained by the 1st respondent /de facto complainant is a

fracture on his finger. In such circumstances, I am inclined to

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

In the result, this Crl.M.C. is allowed, and Annexure-2 final

report submitted in Crime No.552 of 2017 of Perambra Police

Station and all further proceedings in C.C.No.330 of 2021 on the file

of the Judicial First Class Magistrate Court-I, Perambra, against the

petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/10.6.22

APPENDIX OF CRL.MC 2320/2022

PETITIONER ANNEXURES

Annexure1 CITIZEN COPY OF FIR IN CRIME NO.552/2017 OF PERAMBRA POLICE DATED 04.07.2017 DOWNLOADED FROM THE OFFICIAL SITE OF KERALA POLICE

Annexure2 TRUE COPY OF THE CMP NO.417/2018 DATED 13.04.2018 FILED BY THE 1ST RESPONDENT BEFORE THE JFCM-I, PERAMBRA

Annexure3 CERTIFIED COPY OF THE ORDER IN CMP NO.417/2018 ORDER DATED 23.10.2021

Annexure4 A NOTARIZED AFFIDAVIT SWORN TO BY 1ST RESPONDENT DATED 29/03/2022