Manu Mohan vs State Of Kerala
2023 Latest Caselaw 1213 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. 9601 OF 2022
     AGAINST THE ORDER/JUDGMENT CC 1553/2015 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA
PETITIONER/ACCUSED:

    1    MANU MOHAN
         AGED 27 YEARS
         S/O MOHAN,
         MANUMANDHIRAM,
         EDAKKAD SOUTH P.O,
         PORUVAZHI VILLAGE, KUNNATHUR., PIN - 691552

    2    SUDEEP. D
         AGED 26 YEARS
         S/O DILEEP KUNAR,
         ASHOKAVILASAM HOUSE,
         POONKULANJI P. O,
         PATHANAPURAM, KOLLAM., PIN - 689695

    3    LIJU K MATHEW
         AGED 27 YEARS
         S/O KUNJUMON,
         PARAYIL HOUSE, KADAMPANAD P.O,
         ADOOR TALUK, KADAMPANAD VILLAGE,
         PATHANALNTHITTA., PIN - 691552

    4    SIBIN RITTU RAJU
         AGED 27 YEARS
         S/O RAJU VARGHESE,
         VELLARAM KURINIL HOUSE, ADOOR P.O,
         PIN - 691523

    5    SOORYAKANTH. B
         AGED 27 YEARS
         S/O BALAKRISHNAN,
         THANIMADAM HOUSE,
         KOOTHALI P.O, PERAMBRA, QUILANDY TALUK,
                                     2

Crl.M.C No.9601 of 2022

             KOZHIKODE., PIN - 673525

             BY ADV AKHIL BHASKAR



RESPONDENT/STATE AND DEFACTO COMPLAINANT:

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

     2       SUB-INSPECTOR OF POLICE
             PATTHNAMTHITTA POLICE STATION.
             PIN - 689645

     3       NITHIN VARGHESE
             AGED 27 YEARS
             S/O VARGHESE MATHEW,
             MANAKATTU MANNIL VEETTIL,
             MOUNT BETHANY PADI, KUMBAZHA MURI,
             PATHANAMTHITTA VILLAGE , KOZHENCHERRY TALUK,
             PATHANAMTHITTA., PIN - 689645

             BY ADV VIVEK V. KANNANKERI


             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.9601 of 2022




                                  ORDER

The petitioners are the accused Nos. 1 to 5 in Crime

No.1523/2015 of Pathanamthitta Police Station which is now

pending as C.C No. 1553/2015 before the Judicial First Class

Magistrate Court-I, Pathanamthitta. The offences alleged against

the petitioners are punishable under Sections 143, 147, 323,

294(b) and 341 read with Section 149 of Indian Penal Code. The

3rd respondent is the defacto complainant. Annexure-I is the FIR

and Annexure-II is the Final Report submitted by the Police. This

Crl.MC is filed for quashing all further proceedings pursuant to

Annexure-II.

2. Heard Sri. Akhil Bhaskar, the learned counsel appearing

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

Prosecutor appearing for the State and Sri. Vivek V Kannankeri,

the learned counsel appearing for the 3rd 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

Crl.M.C No.9601 of 2022

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

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 3rd 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.9601 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-II Final Report

in Crime No.1523/2015 of Pathanamthitta Police Station and all

further proceedings in C.C.No.1553/2015 pending before the

Judicial First Class Magistrate Court-1, Pathanamthitta as against

the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.9601 of 2022

APPENDIX OF CRL.MC 9601/2022

PETITIONER ANNEXURES

Annexure I CERTIFIED COPY OF THE FIR NO. 1523/2015 DATED 18.06.2015 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT

Annexure II CERTIFIED COPY OF THE CHARGE SHEET IN C.C NO.1553/2015 DATED 14.09.2015

Annexure III THE COMPROMISE AFFIDAVIT DATED 14.12.2022