Deepu vs State Of Kerala
2022 Latest Caselaw 7739 Ker

Crl.M.C.No.2331/22                  1



              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. 2331 OF 2022
     AGAINST THE ORDER/JUDGMENT IN CC 216/2016 OF JUDICIAL
                MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONERS/ACCUSED 1 TO 5:

     1       DEEPU, S/O.DINESHAN,
             AGED 34 YEARS,
             DAIVAPURA, PALLIKKADA, PRAKKULAM CHERRY,
             THRIKKARUVA VILLAGE, PRAKKULAM P.O,
             KOLLAM, PIN - 691 602.

     2       MANOJ,
             AGED 36 YEARS,
             MUTHALUMOODU VEEDU, PALLIKKADA,
             PRAKKULAM CHERRY, THRIKKARUVA VILLAGE,
             PRAKKULAM P.O, KOLLAM, PIN - 691 602.

     3       SAJAN,
             AGED 36 YEARS,
             PALLIPADINJATTATHIL VEEDU, PALLIKKADA, PRAKKULAM
             CHERRY, THRIKKARUVA VILLAGE, PRAKKULAM P.O, KOLLAM,
             PIN - 691 502.

     4       ABHIJITH,
             AGED 36 YEARS,
             PLACHERRY VEEDU, PALLIKKADA, PRAKKULAM CHERRY,
             THRIKKARUVA VILLAGE, PRAKKULAM P.O,
             KOLLAM, PIN - 691 502.

     5       SOORAJ,
             AGED 36 YEARS,
             PURATHARAYIL VEEDU, PALLIKKADA, PRAKKULAM CHERRY,
             THRIKKARUVA VILLAGE, PRAKKULAM P.O, KOLLAM, PIN -
             691 502.
 Crl.M.C.No.2331/22                    2



             BY ADVS.
             V.RENJITH KUMAR
             MOHAPRASEED MOHAN
             M.P.MARY




RESPONDENTS/STATE & DE FACTO COMPLAINANT:

     1       STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682 031.

     2       SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE
             STATION, ANCHALUMOODU P.O, KOLLAM, PIN - 691 601.

     3       VIJESH,
             AGED 31 YEARS,
             MANALIL KIZHAKKATHIL, PRAKKULAM,
             THRIKKARUVA VILLAGE, KOLLAM, PIN - 691 602.

             BY ADVS.
             S.JAYAKUMAR (PANAMBIL)

             SRI.C.S HRITHWIK SR. PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2331/22                  3



                             ORDER

Petitioners are accused Nos.1 to 5 in Crime No.752 of 2015

of Anchalummoodu Police Station, which is now pending as

C.C.No.216 of 2016, before the Judicial First Class Magistrate

Court-I, Kollam. The offences alleged against the petitioners are

under Sections 143, 147, 148, 341 and 326 read with Section 149

IPC.

2. The prosecution case is that on account of previous

animosity towards the 3rd respondent the accused Nos.1 to 5 along

with three other identifiable persons formed themselves into an

unlawful assembly, wrongfully restrained the 3 rd respondent and

assaulted him with a wooden stick. Annexure-1 is the FIR and

Annexure-2 is the final report filed by the police. This Crl.M.C. is

filed for quashing all further proceedings pursuant to Annexure-2

final report.

3. Heard Sri.V.Renjith Kumar, learned counsel for the

petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the

State and Sri.S.Jayakumar, learned counsel for the 3 rd respondent.

4. Prayer for quashing the proceedings is sought mainly on

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

Annexure-3 affidavit sworn by the 3rd respondent/de facto

complainant is filed along with this Crl.M.C. to substantiate the

settlement. In the said affidavit, the 3 rd respondent/de facto

complainant 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 3rd respondent/de facto complainant 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.

6. It is true that one of the offences alleged is under

Section 326 of IPC. Injuries sustained by the de facto complainant

is a fracture on the wrist. Parties are neighbours and now they

have settled the entire disputes between them. No criminal

antecedents of any of the petitioners were brought to my notice.

Taking into account all the aspects mentioned above, I am inclined

to invoke the jurisdiction of this Court under Section 482 Cr.P.C.,

particularly to ensure peace among the neighbors.

In the result, this Crl.M.C. is allowed, and Annexure-1 FIR

submitted in Crime No.752 of 2015 of Anchalumoodu Police

Station and all further proceedings in C.C.No.216 of 2016 on the

file of the Judicial First Class Magistrate Court-I, Kollam, against

the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/28.6.22

APPENDIX OF CRL.MC 2331/2022

PETITIONER ANNEXURES

Annexure1 THE CERTIFIED COPY OF THE FIR ALONG WITH FIS DATED 27/05/2015 IN CRIME NO. 752 / 2015 OF ANCHALUMOODU POLICE STATION, KOLLAM

Annexure2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 752 / 2015 OF ANCHALUMOODU POLICE STATION, KOLLAM

Annexure3 THE ORIGINAL AFFIDAVIT DATED 21/02/2022 EXECUTED BY THE 3RD RESPONDENT.