Anil vs State Of Kerala
2023 Latest Caselaw 1170 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                   CRL.MC NO. 9503 OF 2022
     AGAINST THE ORDER/JUDGMENT CC 2377/2019 OF JUDICIAL
     MAGISTRATE OF FIRST CLASS,NEYYATTINKARA (TEMPORARY)
PETITIONERS/ACCUSED:

    1     ANIL
          AGED 45 YEARS
          S/O LEON, USHUS VEEDU, THENNURKONAM DESOM,
          VIZHINJAM VILLAGE, THIRUVANANTHAPURAM, PIN -
          695042

    2     JOHIN
          AGED 29 YEARS
          S/O JERALD, USHUS NIVAS,
          KADAKKULAM, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM,
          PIN - 695042

    3     JISPON
          AGED 39 YEARS
          S/O MARTIN, USHAS NIVAS,
          KADAIKKULAM,VIZHINJAM VILLAGE, THIRUVANANTHAPURAM,
          PIN - 695042

         BY ADV S.MOHAMMED AL RAFI



RESPONDENT/COMPLAINANT:

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

    2     ANIL
          AGED 34 YEARS
          S/O LUCY, SANDHIGRAM,
                                     2

Crl.M.C No.9503 of 2022

             NEAR PANAVILKODE CHAMUDI TEMPLE,
             VIZHINJAM VILLAGE, THIRUVANANTHAPURAM, PIN -
             695042

             BY ADV AJITH KRISHNAN


             ADV SREEJA V - SR PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   18.01.2023,      THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                   3

Crl.M.C No.9503 of 2022


                            ORDER

The petitioners are the accused Nos. 1 to 3 in Crime

No.20/2015 of Vizhinjam Police Station which is now pending as

C.C No. 2377/2019 before the Judicial First Class Magistrate Court

(Temporary), Neyyatinkara. The offences alleged against the

petitioners are punishable under Sections 294(b) and 324 read

with Section 34 of Indian Penal Code. The 2 nd respondent is the

dafacto complainant. Annexure-A is the Final Report submitted by

the Police. This Crl.MC is filed for quashing all further proceedings

pursuant to Annexure-A.

2. Heard Sri. S Muhammed Al Rafi, the learned counsel

appearing for the petitioners, Smt.Sreeja V, the learned Public

Prosecutor appearing for the State and Sri. Ajith Krishnan, the

learned counsel appearing for the 2nd respondent.

3. The prayer for quashing the above proceedings is

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

between the parties has been settled and to substantiate the

same, the defacto complainant has sworn Annexure-C affidavit.

Crl.M.C No.9503 of 2022

The aforesaid affidavit indicates that, the matter has been settled

and the defacto complainant has no subsisting grievance against

the petitioners herein. He also conveyed that he has no objection

in quashing the proceedings against the petitioners 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 defacto complainant has reiterated that, he does not

have any objection in quashing the proceedings as he has no

subsisting grievance against the petitioners herein.

4. 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

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

Crl.M.C No.9503 of 2022

powers of this Court under Section 482 of the Code of Criminal

Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure-A Final Report

in Crime No.20/2015 of Vizhinjam Police Station and all further

proceedings in C.C.No.2377/2019 pending before the Judicial First

Class Magistrate Court (Temporary), Neyyatinkara as against the

petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.9503 of 2022

APPENDIX OF CRL.MC 9503/2022

PETITIONER ANNEXURES

Annexure A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.20/15 OF VIZHINJAM POLICE STATION.

Annexure B A TRUE COPY OF THE JUDGMENT DATED 04/10/2019 IN C.C.NO. 582/15

Annexure C NOTARIZED AFFIDAVIT SWORN BY THE 2ND RESPONDENT STATING NO OBJECTION AGAINST THE QUASHING OF PROCEEDINGS AGAINST THE PETITIONERS