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 IN CRIME NO.1273/2020 OF IRINJALAKUDA POLICE STATION NOW PENDING AS C.C. NO.3950/2020 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA. PETITIONERS/ACCUSED NOS.1 AND 2: 1 RADHAKRISHNAN, AGED 56 YEARS, S/O. PARAMESWARAN NAIR, 2 VIVEK, AGED 27 YEARS, S/O. RADHAKRISHNAN, BY ADV. ANEESH K.R. RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2 RAMACHRANDRAN, AGED 53 YEARS, S/O. PARAMESWARAN NAIR, R1 SMT. MAYA M.N., PUBLIC PROSECUTOR R2 ADV. SAURAV B. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
ORDER
Dated this the 25th day of April, 2023 The petitioners are accused Nos.1 and 2 in Crime
No.1273/2020 of Irinjalakuda Police Station which is now pending as C.C. No.3950/2020 before the Judicial First Class Magistrate Court, Irinjalakuda. The offences alleged against the petitioners are under Sections 448, 341, 324 read with Section 34 of the Indian Penal Code. Annexure A1 is the FIR and Annexure A2 is the final report submitted by the police. This Crl.M.C. is filed to quash all further proceedings against the petitioners pursuant to Annexures A1 and A2.
2. Heard Sri. Aneesh K.R., the learned counsel
appearing for the petitioners, Smt. Maya M.N, the learned Public Prosecutor and Sri. Saurav B., the learned counsel appearing for the 2nd respondent/de facto complainant.
3. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the -3-
dispute between the parties has been settled and to substantiate the same, the injured person has sworn Annexure A3 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the injured person 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/injured person 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 injured person 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 -4- 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 powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked. Accordingly, this Crl.M.C. is allowed. Annexure A2 final report in Crime No.1273/2020 of Irinjalakuda Police Station and all further proceedings in C.C.No.3950/2020 pending before the Judicial First Class Magistrate Court, Irinjalakuda as against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE bpr -5- APPENDIX OF CRL.MC 3211/2023 PETITIONERS' ANNEXURES Annexure1 A1 THE ACCUSED COPY OF THE FIR IN CRIME NO STATION Annexure A2 THE ACCUSED COPY OF THE FINAL REPORT IN CRIME NO 1273/2020 OF IRINJALAKUDA POLICE STATION Annexure A3 THE NOTARISED AFFIDAVIT DATED 11.04.2023