Sanosh Khan vs State Of Kerala Reprasanated By ...
2022 Latest Caselaw 10980 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

    THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                         CRL.MC NO. 7224 OF 2022
  AGAINST THE ORDER/JUDGMENT CC 1411/2018 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -I, PUNALUR


PETITIONER/ACCUSED NO 4:

            SANOSH KHAN
            AGED 28 YEARS
            S/O ABDHUL JALEEL, ETTI VILA VEEDU,
            NEAREST TOWN, TAYKKAVU, KULATHUPUZHA VILLAGE.
            PIN - 691310

            BY ADV SREERAJ M.D.

RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANT:
     1     STATE OF KERALA REPRASANATED BY PUBLIC PROSECUTER
           HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031

     2      MANU
            AGED 31 YEARS
            S/O. OMANAKUTTAN,
            MANOJ BHAVAN, MANJADI CHANTHA,
            VARAVILA MURI, CLAPPANA VILLAGE,
            KOLLAM,
            PIN - 690528

            BY ADV A.S.SOORAJ


            ADV SREEJA V -SR PP



     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
03.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                   2

Crl.M.C No.7224 of 2022

                             ORDER

The petitioner is the 4th accused in Crime No.349/2014 of

Kulathupuzha Police Station which is now pending as C.C No.

1411/2018 before the Judicial First Class Magistrate Court-I,

Punalur. The offences alleged against the petitioner are punishable

under Sections 341, 323 read with Section 34 of Indian Penal

Code.

2. The prosecution case is that, on 02.04.2014, at 12.00

p.m, the 2nd respondent/defacto complainant, who was an

engineering student, was assaulted by the petitioner and the other

accused. Annexure-1 is the FIR and Annexure-2 is the final report

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

quashing all further proceedings pursuant to Annexure-2 as

against him.

3. Heard Sri. M.D Sreeraj, the learned counsel appearing

for the petitioner, Smt.Sreeja V, the learned Public Prosecutor

appearing for the State and Sri.A.S Sooraj, the learned counsel

appearing for the 2nd respondent/defacto complainant.

Crl.M.C No.7224 of 2022

4. The prayer for quashing the above proceedings is

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

between the parties has been settled and to substantiate the

same, the defacto complainant/2nd respondent has sworn

Annexure-3 affidavit. The aforesaid affidavit indicates that, the

matter has been settled and the 2nd respondent has no subsisting

grievance against the petitioner herein. He also conveyed that he

has no objection in quashing the proceedings against the

petitioner herein. The learned counsel for the 2nd

respondent/defacto complainant 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 2nd respondent has

reiterated that, he does not have any objection in quashing the

proceedings as he has no subsisting grievance against the

petitioner 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 petitioner herein

Crl.M.C No.7224 of 2022

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

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. All further proceedings

pursuant to Annexure-2, final report in Crime No.349/2014 of

Kulathupuzha Police Station and all further proceedings in

C.C.No.1411/2018 which is now pending before the Judicial First

Class Magistrate Court-I, Punalur as against the petitioner who is

the 4th accused are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.7224 of 2022

APPENDIX OF CRL.MC 7224/2022

PETITIONER ANNEXURES

Annexure1 TRUE COPY OF THE F.I.R IN CRIME NO.349/2014 OF KULATHUPUZHA POLICE STATION ON THE FILES OF THE HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I PUNALUR

Annexure2 TRUE COPY OF THE FINAL REPORT IN C.C.NO.1411/2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I PUNALUR.

Annexure3 AFFIDAVIT OF THE DEFACTO COMPLAINANT/ 2ND RESPONDENT.