Jeevan vs State Of Kerala
2022 Latest Caselaw 6642 Ker

Crl.M.C.No.1784/22                    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. 1784 OF 2022
      AGAINST THE ORDER/JUDGMENT IN CC 686/2021 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS II,CHAVAKKAD
PETITIONER/SOLE ACCUSED:

             JEEVAN,
             AGED 20 YEARS,
             S/O.RAJESH, POOVANTHARA HOUSE, ORUMANAYOOR P.O.,
             CHAVAKKAD TALUK, THRISSUR., PIN - 680 512.

             BY ADV RAHUL SASI



RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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

     2       NIBIN JAYAN,
             AGED 22 YEARS,
             S/O.JAYAN, KARUTHEDATH HOUSE, ORUMANAYOOR P.O.,
             CHAVAKKAD TALUK, THRISSUR, PIN - 680 512.

             BY ADVS.
             PUBLIC PROSECUTOR
             VIVEK.P.K

             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.1784/22                           2

                                   ORDER

The petitioner is the accused in Crime No.19 of 2021 of

Chavakkad Police Station, which is now pending as C.C.No.686 of

2021 before the Judicial First Class Magistrate Court, Chavakkad.

The offences alleged against the petitioner are under Sections 452,

341, 324 and 506(I) of Indian Penal Code.

2. The prosecution case is that, on 03.01.2022 at about 2.30

pm the petitioner assaulted the 2 nd respondent herein and caused

minor injuries to him. Annexure-A1 is the final report submitted by

the police. This Crl.M.C. is filed for quashing all further proceedings

initiated thereof.

3. Heard Sri.Rahul Sasi, learned counsel for the petitioner,

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

P.K, learned counsel for the 2nd 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 2 nd respondent/de facto

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

settlement. In the said affidavit, the 2nd 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 2 nd

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.19 of 2021 of Chavakkad Police Station

and all further proceedings in C.C.No.686 of 2021 on the file of the

Judicial First Class Magistrate Court, Chavakkad, against the

petitioner are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/10.6.22

APPENDIX OF CRL.MC 1784/2022

PETITIONER ANNEXURES

Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO. 19 OF 2021 OF CHAVAKKAD POLICE STATION

Annexure A2 THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 12.02.2022