Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 AGAINST THE ORDER/JUDGMENTCC 553/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA PETITIONER: OBOLD AGED 37 YEARS S/O DAVID, VELIKKAKAM VEEDU, ANCHUTHENGU VILLAGE, ANCHUTHENGU, THIRUVANANTHAPURAM, PIN - 695309 BY ADV S.NIDHEESH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 JAROM S/O JOSEPH, AGED 53, PAVITHRAM NIVAS, THARISU PARAMBU, POOTHURA DESOM, SARKKARA VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, PIN - 695101 3 SHAJAHAN S/O KASIM, THAIVILAKOM HOUSE, OTTAPANA THERUVU, PERUMATHURA, THIRUVANANTHAPURAM, PIN - 695303 BY ADV PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ZIYAD RAHMAN A.A., J.
--------------------------------- Crl.M.C.No.2520 of 2023 -------------------------------------- Dated this the 25th day of April, 2023
ORDER
Petitioner is the 2nd accused in Crime No.11/2019 of Anchuthengu Coastal Police Station, which is now pending as C.C.No.553/2020 on the file of Judicial First Class Magistrate Court-I, Varkala. The offences alleged against the petitioner and the other accused are under Sections 143, 144, 147, 148, 149, 341, 294(b) and 427 of Indian Penal Code.
2. The 2nd and 3rd respondents are the victims of the Crime. Annexure-1 is the final report submitted. This Criminal M.C. is filed to quash all further proceedings pursuant to Annexure-1 as against the petitioner who is the 2nd accused.
3. Heard Sri.S.Nidheesh the learned counsel appearing
for the petitioner and Smt.Maya.M.N. the learned Public Prosecutor for the state and Sri.Kunjappeasow Rainge, the learned Counsel appearing for the 2nd and 3rd respondents.
4. Prayer for quashing the proceedings is sought
mainly on the ground that the dispute between the parties has been settled. Annexure-2 affidavit sworn by the de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2nd and 3rd respondents/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 2 nd and 3rd respondents/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. In the result, this Crl.M.C. is allowed, and Annexure-1 FIR submitted in crime No.11 of 2019 of Anchuthengu Police Station and all further proceedings C.C.No.553 of 2020 on the file of the Judicial First Class Magistrate Court-I, Varkala against the petitioner are hereby quashed.
Sd/- ZIYAD RAHMAN A.A. JUDGE saap APPENDIX OF CRL.MC 2520/2023 PETITIONER ANNEXURES Annexure 1 . CERTIFIED COPY OF THE FINAL REPORT IN C.C.553/2020 ON THE FILED OF JUDICIAL FRIST CLASS MAGISTRATE COURT VARKALA Annexure2 TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT Annexure 3 TRUECOPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT //True Copy//PA to Judge