Appu vs State Of Kerala
2022 Latest Caselaw 7189 Ker

                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. 6446 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 702/2017 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS ,VADAKKANCHERRY
PETITIONER/ACCUSED:

    1       APPU
            AGED 79 YEARS
            S/O. NARAYANAN, R/O. ALIKKAPARAMBIL HOUSE, POOTHOLE
            DESOM, THRISSUR - 680004.
    2       SARASWATHI
            AGED 75 YEARS
            W/O. APPU, R/O. ALIKKAPARAMBIL HOUSE, POOTHOLE DESOM,
            THRISSUR - 680004.
            BY ADV T.A.PRAKASH


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM - 682031, (CRIME NO. 2054 OF 2016 OF THRISSUR
            WEST POLICE STATION, THRISSUR DISTRICT)
    2       A.K.BABURAJ
            S/O. KRISHNANKUTTY, HOUSE NO. TC 20/313, ALIL HOUSE,
            POOTHOLE DESOM, SANKARAIYER ROAD, NEAR THRISSUR RAILWAY
            STATION, THRISSUR - 680004.
            BY ADV SUMODH MADHAVAN NAIR
            M.P PRASANT - 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. 6446 OF 2021
                                    2

                                 ORDER

The petitioners are the accused in Crime No.2054 of 2016 of

Thrissur West Police Station which is now pending as CC NO.

702/2017 before the Judicial First Class Magistrate Court,

Wadakkanchery. The offences alleged against them are under

Sections 447, 294(b), 506(ii), 427 r/w 34 of IPC.

2. The prosecution case is that, the petitioners on 12.09.2016

at about 4.45 p.m trespassed into the property of the second

respondent, abused and threatened him. 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 there

to.

3. Heard Sri. T.A Prakash learned counsel appearing for the

petitioners, Sri.Prasanth Senior Public Prosecutor, and Sri.Sumodh

Madhavan Nair learned counsel appearing for the second respondent.

4. Prayer for quashing the proceedings is sought mainly on

the ground that the dispute between the parties has been settled. CRL.MC NO. 6446 OF 2021

Annexure-A4 affidavits sworn by the 2nd respondent is filed along

with this Crl.M.C. to substantiate the settlement. In the said

affidavits, the 2nd respondent 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 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 CRL.MC NO. 6446 OF 2021

submitted in Crime No.2054 of 2016 of Thrissur West Police Station,

and all further proceedings in C.C.No.702 of 2017 on the file of the

Judicial First Class Magistrate Court, Wadakkanchery against the

petitioners are here by quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE KVT CRL.MC NO. 6446 OF 2021

APPENDIX OF CRL.MC 6446/2021

PETITIONER ANNEXURES:

Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 2054/2016 DATED 22.08.2016 OF THRISSUR WEST POLICE STATION. Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 2054/2016 DATED 20.12.2016 AND PENDING CONSIDERATION BEFORE THE JFCM, WADAKKANCHERY. Annexure A3 A TRUE COPY OF THE COMPROMISE AGREEMENT DATED 16.10.2020 BETWEEN THE PETITIONERS AND THE 2ND RESPONDENT.

Annexure A4 ORIGINAL AFFIDAVIT DATED 13.11.2021 SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT.