IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH DAY OF JANUARY 2013 28TH POUSHA 193 Crl.MC.No. 3671 of 2012 () -------------------------- AGAINST THE JUDGMENT IN CC.47/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, NEDUMANGAD PETITIONER(S)/A1-A4: -------------------- 1. SACHIN DIVAKAR, AGED 2 YEARS(A1) (A1),S/O DR. DIVAKAR,HOUSE NO 52.PRASHANTH NAGAR,ULLOOR VILLAGE THIRUVANANTHAPURAM TALUK 2 SAJEESH, AGED 2 YEARS(A2) (A2),S/O SASEEDHARAN,KADAYIL VEEDU NEAR MURUGA TEMPLE,THANDARAM POIKA,ALANTHARA MURI NELLANAD VILLAGE 3 SHAN (A3), AGED 2 YEARS(A3) S/O SAINUDHEEN,S.N. MANZIL DESENTMUKKU KALLAMBALAM DESOM,KUDAVOOR VILLAGE 4 NOUFAL(A4), AGED 2 YEARS(A4) S/O HANEEFA,HANEEFA MANZIL,CHARUPARA KULATHUMMEL VILLAGE BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/STATE, CW1 TO CW3: ------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM 2 THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION THIRUVANANTHAPURAM DISTRICT PIN CODE-695607 3. FEBIN, AGED 2 YEARS (CW1),S/O HAKEEM,PRIYADHARSHINI PALAVILA,PIRAPPANCODE,MANIKKAL VILLAGE VENJARAMOODU PIN-695607 4. MOHAMMED SAMEER (CW2), AGED 2 YEARS S/O MOHAMMED SALAM,HOUSE NO K7,PERINGAVIL HOUSE KESAVADASAPURAM JUNCTION,KOWDIAR VILLAGE PIN- 695033 5. ANAS (CW3), AGED 2 YEARS S/O ABDUL SALAM,T.C 52/1957,A.R. MANZIL VELLAYANI JUNCTION,NEMOM VILLAGE PIN-695605 Crl.MC.No. 3671 of 2012 () 2 R3-R5 BY ADV. SRI.BIJU VARGHESE ABRAHAM R1, R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MNS Crl.MC.No. 3671 of 2012 () 3 APPENDIX PETITIONER(S) ANNEXURES: ANNEXURE A: CERTIFIED COPY OF THE CHARGE SHEET IN C.C NO 47/2011 ON THE FILE OF JUDICIAL IST CLASS MAGISTRATE COURT-I, NEDUMANGAD ANNEXURE B: AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT/ CW1 ANNEXURE C: AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT/ CW2 ANNEXURE D: AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT/ CW3 RESPONDENTS' ANNEXURES:NIL //TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J.
--------------------------------------- Crl. M.C. No.3671 OF 201.--------------------------------------- Dated this the 18th day of January, 2013. ORDER
The accused 1 to 4 are seeking to quash the proceedings in C.C.No.47/2011 on the file of the Judicial First Class Magistrate Court-I, Nedumangad. The offences alleged are under Sections 323, 324 read with Section 34 of Indian Penal Code. It is submitted that the disputes between the parties have been settled. The respondents 3 to 5 are CWs 1 to 3 and they have filed separate affidavits before this Court as Annexures B to D stating that the disputes have been settled. The parties were students of Venjaramood Muslim Association Engineering College and the submission is that after the dispute arose in the College, it was amicably settled and therefore, there will not be any purpose in proceeding with the case.
2. This Court, in the interim order dated 29.11.2012, has recorded the submission of the learned counsel for the petitioners that one among the petitioners (3rd accused) so far has not Crl.M.C.No.3671/2012 2 appeared before the Magistrate and a non bailable warrant is pending against him. Therefore, 3rd accused has to surrender before the learned Magistrate. It is submitted by the learned counsel for the petitioners that he could not appear so far as he is working abroad. Therefore, the directions in the Crl.M.C will be confined to petitioners 1, 2 and 4. The offences alleged are under Sections 323 and 324 mainly.
3. In the light of the fact that the dispute arose in the premises of the College and all the parties have passed out from the College, I am of the view that if is a fit case where this Court can exercise the power under Section 482 Cr.P.C in the light of the decision of the Apex Court in Gian Singh vs. State of Punjab (2012 (4) KLT 10.(SC)). There will not be any useful purpose in proceeding with the prosecution case as against the petitioners 1, 2 and 4. In that view of the matter, as the case arose because of a private dispute between the parties, it is a fit case to quash the proceedings in the light of the above decision. Accordingly, the proceedings in C.C.No.47/2011 on the file of the Judicial First Crl.M.C.No.3671/2012 3 Class Magistrate Court-I, Nedumangad as against the petitioners 1, 2 and 4 will stand quashed. The Crl. M.C. is allowed. T.R. RAMACHANDRAN NAIR JUDGE smp