Kerala High Court
Girija vs State Of Kerala on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
CRL.MC NO. 3672 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1583/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,CHAVAKKAD
PETITIONER/ACCUSED:
1 GIRIJA
AGED 54 YEARS
W/O GOPI, ARUKETTY HOUSE, VADANAPILLY VILLAGE, SANTHI
ROAD DESAM, CHAVAKKAD TALUK, THRISSUR DISTRICT,
PIN - 680614
2 GILSHA
AGED 32 YEARS
D/O GOPI, ARUKETTY HOUSE, VADANAPILLY VILLAGE, SANTHI
ROAD DESAM, CHAVAKKAD TALUK, THRISSUR DISTRICT.-
680614., PIN - 680614
BY ADVS.
LAKSHMI V.PILLAI
LEKSHMI P. NAIR
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 SHAYLAJA
AGED 56 YEARS
W/O VENU, ARUKETTY HOUSE, VADANAPILLY VILLAGE,
AANAVALAVU DESAM, CHAVAKKAD TALUK, THRISSUR DISTRICT,
PIN - 680614
BY ADV C.S HRITHWIK - SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3672 OF 2022
2
ORDER
The petitioners are the accused in CC.NO.1583/2018 on the file of
Judicial First Class Magistrate Court, Chavakkad. The said case arises from
Crime No.464/2018 of Vadanapily Police Station which was registered for
the offences punishable under Sections 452, 323, 324, r/w 34 of IPC. The
prosecution case is that, on 31.08.2018 at 20 hours in furtherance of the
common intentions, the petitioners had attacked the 2nd respondent/defacto
complainant after trespassing into his residential premises. Annexure-A is
the final report submitted by the police. This Crl.M.C is filed for quashing
all further proceedings pursuant there to.
2. Heard Smt.Lakshmi V.Pillai, learned counsel appearing for the
petitioner, Sri. Hrithwik, learned Public Prosecutor and Sri.V.V Joy learned
counsel appearing for the second respondent.
3. Prayer for quashing the proceedings is sought mainly on the
ground that the dispute between the parties has been settled. Annexure- B
affidavit sworn by the 2nd respondent is filed along with this Crl.M.C. to
substantiate the settlement. In the said affidavit, the 2nd respondent had
specifically acknowledged the aforesaid settlement and also conveyed the
no-objection to quash the proceedings against the petitioners herein. The
CRL.MC NO. 3672 OF 2022
learned counsel appearing for the 2nd respondents 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.
4. 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-A final report
submitted in Crime No. 464 of 2018 of Vadanappilly Police Station and all
further proceedings in C.C.No.1583 of 2018 on the file of the Judicial First
Class Magistrate Court, Chavakkad against the petitioners are hereby
quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
KVT
CRL.MC NO. 3672 OF 2022
APPENDIX OF CRL.MC 3672/2022
PETITIONERS ANNEXURES:
Annexure A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 464/2018 FILED BY THE VADANAPILLY POLICE
BEFORE THE LEARNED JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHAVAKKAD
Annexure B A TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT EVIDENCING THE FACT OF SETTLEMENT
