Kerala High Court
Vishnu vs State Of Kerala on 9 June, 2022
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. 1643 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 239/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,PATHANAMTHITTA
PETITIONE/ACCUSED:
VISHNU,
AGED 30 YEARS,
S/O VENUGOPAL, RAMAMANGALATH HOUSE,
KALANJOOR.P.O, PIN-689694.
BY ADVS.
JOBI.A.THAMPI
SRI.SHOUKATH HUSAIN
RESPONDENTS/STATE/DE-FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,PIN-682031.
2 V.CHANDRASEKHARAN,
AGED 52 YEARS,
S/O.VELUKKUTTY,ANANTHU BHAVAN,
GURUMANDIRAM,MOOTHALA.P.O,
PALLICKAL,THIRUVANANTHAPURAM DISTRICT, PIN-695604.
BY ADV S.R.REMYA
C.S HRITHWIK, SR. PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1643 OF 2021 -2-
ORDER
The petitioner is the accused in Crime No.221/2020
of Konny Police Station which is now pending as CC
No.239/2020 before the Judicial First Class Magistrate
Court II, Pathanamthitta. The offence alleged against
the petitioner is under Section 325 of the Indian Penal
Code.
2. The prosecution case is that on 11.03.2020 at 7
pm the accused due to animosity, assaulted the second
respondent/de facto complainant and caused injuries to
him. Annexure-A1 is the FIR and Annexure-A2 is the
final report submitted by the Police. This Criminal M.C.
is filed for quashing all further proceedings pursuant to
Annexure-A2.
3. Heard Sri.Jobi A. Thampi, learned counsel
appearing for the petitioner, C.S.Hrithwik, learned Public
Senior Public Prosecutor appearing for the State and
Smt.S.R.Remya, learned counsel appearing for the
second respondent.
4. The prayer for quashing the above proceedings
is sought for by the petitioner on the ground that, the
dispute between the parties has been settled and to
substantiate the same, the injured person has filed
Annexure-A3 affidavit, which was sworn by him. The
aforesaid affidavit indicates that, the matter has been
settled and the injured person has no subsisting
grievance against the petitioner herein. He has also
conveyed that he has no objection in quashing the
proceedings against the petitioner herein. The learned
counsel for the 2nd respondent/injured person also
confirmed the same. The learned Public Prosecutor upon
instructions submitted that the veracity of the settlement
was verified by the Station House officer concerned and
before the SHO also, the injured person has reiterated
that, he does not have any objection in quashing the
proceedings as he has no subsisting grievance against
the petitioner herein.
5. Going through the materials available on
record, it is discernible that, the dispute is basically
private in nature and on account of settlement arrived at
between the parties, no purpose would be served if the
proceedings against the petitioner herein were allowed
to continue. In such circumstances, the chances of a
successful prosecution are very bleak. Therefore, I am of
the view that going by the decision in Gian Singh v.
State of Punjab and Another [2012(4) KLT 108], this
is a fit case in which the powers of this Court under
Section 482 of the Code of Criminal Procedure can be
invoked.
Accordingly, this Crl.M.C. is allowed. Annexure-A2
final report in Crime No.221/2020 of Konny Police
Station and all further proceedings in C.C.No.239/2020
pending before the Judicial First Class Magistrate Court-
II, Pathanamthitta as against the petitioner are hereby
quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
vv
APPENDIX OF CRL.MC 1643/2021
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIRST
INFORMATION REPORT AND THE FIRST
INFORMATION STATEMENT IN CRIME
NO.221/2020 OF KONNY POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT
FILED IN CRIME NO.221/2020 OF KONNY
POLICE STATION
ANNEXURE A3 AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/DE-FACTO COMPLAINANT
