Kerala High Court
Biju C Nair vs The State Of Kerala on 9 June, 2022
Crl.M.C.No.2861/2022 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. 2861 OF 2022
CRIME NO.1128/2017 OF Aranmula Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT IN CC 1464/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA
PETITIONER/S:
BIJU C NAIR,
AGED 41 YEARS,
S/O.VIJAYAN NAIR,
CHITTAYIL BIJU BHAVAN, CHERUKOLE P.O.,
KOZHENCHERRY, PATHANAMTHITTA DISTRICT,
PIN - 689 650.
BY ADV VISHAK.K.JOHNSON
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM ON
BEHALF OF THE STATION HOUSE OFFICER
OF ARANMULA POLICE STATION, PIN - 691 507.
2 BIJILI P EASOW,
AGED 38 YEARS,
S/O.EASOW PHILIP, PALAKKATHARAYIL HOUSE,
KURANGUMALA, KOZHENCHERRY VILLAGE,
KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 533.
BY ADV N.P.RUKSANA
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.2861/2022 2
ORDER
The petitioner is the accused in Crime No.1128 of 2017 of
Aranmula Police Station, which is now pending as C.C.No.1464 of
2017 of the files of the Judicial First Class Court-I,
Pathanamthitta. The offences alleged against the petitioner are
under Sections 294(b) and 506(1) of the Indian Penal Code.
2. The prosecution case is that, on on 12.06.2017 at about
20:30 hours, the petitioner called the 2nd respondent/de facto
complainant over phone, abused and threatened him to do away
with his life. Annexure-A1 is the FIR and Annexure-A2 is the final
report submitted by the police. This Crl.M.C. is filed for quashing
all further proceedings pursuant thereto.
3. Heard Sri.Vishak Johnson, learned counsel for the
petitioner, Sri.C.S.Hritwhik, learned Public Prosecutor for the
State and Smt.Ruksana N.P., learned counsel for the 2 nd
respondent.
4. Prayer for quashing the proceedings is sought mainly
on the ground that the dispute between the parties has been
settled. Annexure-A3 affidavit sworn by the 2nd respondent/de
facto complainant is filed along with this Crl.M.C. to substantiate
the settlement. In the said affidavit, the 2 nd 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 2nd 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-A2 final
report submitted in crime No.1128 of 2017 of Aranmula Police
Station and all further proceedings in C.C.No.1464 of 2017 on the
file of the Judicial Magistrate Court-I, Pathanamthitta, against the
petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/9.6.22
APPENDIX OF CRL.MC 2861/2022
PETITIONER ANNEXURES
Annexure1 A TRUE COPY OF THE FIR IN CRIME NO.
1128/2017 OF ARANMULA POLICE STATION
Annexure2 TRUE COPY OF THE FINAL REPORT WHICH IS
NUMBERED AS CC NO. 1464 /2017 ON THE
FILES OF JUDICIAL MAGISTRATE COURT - I,
PATHANAMTHITTA
Annexure3 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE
DE-FACTO COMPLAINANT DATED 31/12/2021
