Sooraj vs Abdul Azeez
2022 Latest Caselaw 6643 Ker

Crl.M.C.No.1826/2022                      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. 1826 OF 2022
         CRIME NO.633/2017 OF Nallalam Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN CC 129/2018 OF JUDICIAL MAGISTRATE OF
                         FIRST CLASS -V,KOZHIKODE
PETITIONERS/ACCUSED NO.1 & 2:

     1        SOORAJ,
              AGED 27 YEARS,
              S/O.SUNDARAN, 'SUKRUTHAM" HOUSE,
              OLAVANNA (P.O), PIN - 673 019,
              KOZHIKODE DISTRICT.

     2        SHAIJU,
              AGED 48 YEARS,
              S/O.BALAN, KALAMKOLLI, MATHARA,
              G.A.COLLEGE (P.O), PIN - 673 014,
              KOZHIKODE DISTRICT.

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


RESPONDENTS/INFORMANT & STATE:
     1     ABDUL AZEEZ,
           AGED 49 YEARS,
           S/O.ABOOBACKER, PUZHAKKATHODI HOUSE,
           MUNDUPARAMBU (P.O), PIN - 676 509,
           MALAPPURAM DISTRICT.

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

              BY ADV ANOOP JOSEPH

      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.1826/2022                   2


                                  ORDER

Petitioners are accused Nos.1 and 2 in Crime No.633 of 2017 of

Nallalam Police Station, which is registered for the offences punishable

under Sections 447, 384 and 506 read with Section 34 IPC. The

aforesaid case is now pending as C.C.No.129 of 2018 before the Judicial

First Class Magistrate Court-V, Kozhikode.

2. The prosecution case is that on 08.08.2017 at about 15.30

hours, the accused trespassed into the quarry of the 1 st respondent and

demanded an amount of Rs.5,00,000/- by threatening him. Later he

obtained an amount of Rs.4,500/- (Rupees four thousand five hundred

only) from the de facto complainant. Annexure-1 is the FIR and

Annexure-2 is the final report submitted by the police. This Crl.M.C. is

filed for quashing all further proceedings pursuant to Annexure-A2 final

report submitted by the police.

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

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-

3 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 1st 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.633 of 2017 of Nallalam Police Station and

all further proceedings in C.C.No.129 of 2018 on the file of the Judicial

First Class Magistrate Court-V, Kozhikode, against the petitioners are

hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/10.6.22

APPENDIX OF CRL.MC 1826/2022

PETITIONER ANNEXURES

Annexure1 TRUE COPY OF FIR DATED 30.11.2017 IN CRIME NO.633/2017 OF NALLALAM POLICE

Annexure2 CERTIFIED COPY OF FINAL REPORT AND CHARGE DATED 16.01.208 IN CRIME NO. 633/2017 OF NALLALAM POLICE

Annexure3 NOTARIZED AFFIDAVIT SWORN TO BY 1ST RESPONDENT DATED 04/03/2022

Annexure4 5. TRUE COPY OF THE MEMORANDUM OF WITNESS IN CRIME NO 633/2017 OF NALLALAM POLICE