Prajith Babu vs State Of Kerala
2022 Latest Caselaw 7703 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944

                       CRL.MC NO. 3738 OF 2022

 AGAINST THE ORDER/JUDGMENT IN CC 68/2017 OF JUDICIAL MAGISTRATE
                        OF FIRST CLASS,VAIKOM

PETITIONER/ACCUSED 1 AND 2:

    1       PRAJITH BABU
            AGED 28 YEARS
            S/O BABU, KALASAKKARIYIL HOUSE, UDAYANAPURAM
            KARA,KODIYAAD BHAGAM, UDAYANAPURAM VILLAGE, VAIKOM
            TALUK, KOTTAYAM,
            , PIN - 686141

    2       ARUN
            AGED 30 YEARS
            S/O MADHU, KOCHALUMGAL HOUSE,
            VAIKOM KARA, KOLOTHUMKADAVU BHAGAM, VAIKOM VILLAGE,
            VAIKOM TALUK,KOTTAYAM,, PIN - 686141

            BY ADV JITHIN BOSE

RESPONDENT/STATE COMPLAINANT AND DEFACTO COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM, PIN - 682031

    2       STATION HOUSE OFFICER OF VAIKOM POLICE STATION
            VAIKOM TALUK, KOTTAYAM DISTRICT,, PIN - 686141

    3       ANOOP KUMAR
            AGED 34 YEARS
            S/O PURUSHOTHAMAN, KOMALALAYAM HOUSE, MANNAR SREE
                                   2

Crl.M.C No.3738 of 2022

             KRISHNA SWAMI TEMPLE'S BHAGAM, MANNAR KARA,
             KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM
             DISTRICT, PIN - 686604

     4       ANU RAJ
             AGED 31 YEARS
             S/O PURUSHOTHAMAN, KOMALALAYAM HOUSE, MANNAR SREE
             KRISHNA SWAMI TEMPLE'S BHAGAM, MANNAR KARA,
             KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM
             DISTRICT, PIN - 686604

             BY ADV K.R.MONISHA


             ADV.SUDHEER GOPALAKRISHNAN P P



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                       3

Crl.M.C No.3738 of 2022


                                 ORDER

The petitioners are accused Nos. 1 and 2 in Crime

No.2303/2016 of Vaikom Police Station which is now pending as

C.C No. 68/2017 before the Judicial First Class Magistrate Court-I,

Vaikom. The offences alleged against the petitioners are

punishable under Sections 323, 324 r/w 34 of Indian Penal Code.

2. The prosecution case is that, on 16.11.2016, at 10.15

a.m., the petitioners/accused persons on account of political

rivalry, assaulted the 3rd and 4th respondents and caused injuries to

them. Annexure-A1 is the FIR and Annexure-A2 is the final report

submitted by the Police. This Crl.MC is filed for quashing all

further proceedings pursuant thereto.

3. Heard Sri.Jithin Bose, the learned counsel appearing for

the petitioners, Sri. Sudheer Gopalakrshnan, the learned Public

Prosecutor appearing for the State and Smt. K.R Monisha, the

learned counsel appearing for the respondents Nos. 3 and 4.

4. The prayer for quashing the above proceedings is

sought for by the petitioners on the ground that, the dispute

Crl.M.C No.3738 of 2022

between the parties has been settled and to substantiate the

same, the injured persons have sworn Annexures-A3 and A4

affidavits respectively. The aforesaid affidavits indicate that, the

matter has been settled and the injured persons have no

subsisting grievance against the petitioners herein. They also

conveyed that they have no objection in quashing the proceedings

against the petitioners herein. The learned counsel for the

respondents Nos.3 and 4/injured persons 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 persons have

reiterated that, they do not have any objection in quashing the

proceedings as they have no subsisting grievance against the

petitioners 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 petitioners herein

were allowed to continue. In such circumstances, the chances of a

Crl.M.C No.3738 of 2022

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.2303/2016 of Vaikom Police Station and all further

proceedings in C.C.68/2017 pending before the Judicial First Class

Magistrate Court-1, Vaikom as against the petitioners are hereby

quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.3738 of 2022

APPENDIX OF CRL.MC 3738/2022

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO. 2303 OF 2016 OF THE VAIKOM POLICE STATION, KOTTAYAM ALONG WITH STATEMENT OF THE 3RD RESPONDENT.

Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C. NO. 68 OF 2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, VAIKOM, KOTTAYAM

Annexure A3 AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 31.03.2022

Annexure A4 AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT DATED 31.03.2022.