A.K.Baburaj vs State Of Kerala
2022 Latest Caselaw 7271 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. 6607 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1078/2017 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS ,VADAKKANCHERRY
PETITIONERS/ACCUSED:

    1       A.K.BABURAJ
            AGED 60 YEARS
            S/O KRISHNANKUTTY, HOUSE NO.TC 20/313, ALIL HOUSE,
            POOTHOLE DESOM, SANKARAIYER ROAD,
            NEAR THRISSUR RAILWAY STATION, THRISSUR-680004.
    2       ASHWIN BABU,
            AGED YEARS, S/O.A.K.BABURAJ, HOUSE NO.TC 20/313, ALIL
            HOUSE, POOTHOLE DESOM, SANKARAIYER ROAD, NEAR THRISSUR
            RAILWAY STATION,
            THRISSUR-680004.
    3       SHEEBA,
            AGED 52 YEARS
            W/O.A.K.BABURAJ, HOUSE NO.TC.20/313, ALIL HOUSE,
            POOTHOLE DESOM,
            SANKARAIYER ROAD, NEAR THRISSUR RAILWAY STATION,
            THRISSUR-680004.
            BY ADV SUMODH MADHAVAN NAIR


RESPONDENTS/STATE & DEFACTO COMPLAINANTS:

    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       APPU
            AGED 79 YEARS
            S/O.NARAYANAN, R/O ALAKKAPARAMBIL HOUSE, POOTHOLE
            DESOM,
            THRISSUR-680033.
    3       [email protected]
            AGED 53 YEARS
            S/O APPU, R/O ALAKKAPARAMBIL HOUSE, POOTHOLE DESOM,
            THRISSUR-680033.
            BY ADV T.A.PRAKASH
            M.P PRASANTH SR PP
 CRL.MC NO. 6607 OF 2021
                                2

     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. 6607 OF 2021
                                    3

                                 ORDER

The petitioners are the accused in Crime No.1352 of 2012 of

Thrissur West police station which is now pending as

C.C.NO.1078/2017 before the Judicial First Class Magistrate Court

Wadakkancheri. The offences alleged are under Sections 341, 323,

324, 447, 427, 294(b), 506(i) read with 34 of IPC. The prosecution

case is that on 03.09.2012 at about 6.30 am, the petitioners have

criminally trespassed into the property of the second respondent and

abused 2nd and 3rd respondent. It is also alleged that the second and

third respondent were assaulted. Annexure-A1 is the final report

submitted by the police . This Crl.M.C is filed for quashing all

further proceedings pursuant Annexure-A1.

2. Heard Sri. Sumodh Madhavan Nair, lerned counsel for the

petitioner Sri. M.P. Prasanth, learned Public Prosecutor for the state

and T.A Prakash, learned counsel appearing for the respondents 2 and

3.

3. Prayer for quashing the proceedings is sought mainly on CRL.MC NO. 6607 OF 2021

the ground that the dispute between the parties has been settled.

Annexures-A3 and A4 affidavits sworn by the respondents 2 and 3

are filed along with this Crl.M.C. to substantiate the settlement. In

the said affidavits, the respondents 2 and 3 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 respondents 2 and 3 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.

CRL.MC NO. 6607 OF 2021

In the result, this Crl.M.C. is allowed, and Annexure-A1 final

report submitted in Crime No. 1352 of 2012 of Thrissur West Police

Station and all further proceedings in C.C.No.1078 of 2017 on the file

of the Judicial First Class Magistrate Court, Wadakkancheri against

the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE KVT CRL.MC NO. 6607 OF 2021

APPENDIX OF CRL.MC 6607/2021

PETITIONER ANNEXURES:

Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.1352/2012 OF THRISSUR WEST POLICE STATION DATED 29.09.2012.

Annexure A2 TRUE COPY OF THE COMPROMISE AGREEMENT DATED 16.10.2020 BETWEEN THE 1ST PETITIONERS AND THE 2ND RESPONDENT/DEFACTO COMPLAINANT AND HIS WIFE.

Annexure A3 ORIGINAL AFFIDAVIT DATED 10.12.2021 SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT Annexure A4 ORIGINAL AFFIDAVIT DATED 10.12.2021 SWORN BY THE 3RD RESPONDENT.