Full Judgment
Crl.M.C.No.8747/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 CRL.MC NO. 8747 OF 2022 AGAINST THE ORDER/JUDGMENTSC 1014/2021 OF PRINCIPAL SUB COURT,ATTINGAL PETITIONERS/A1 TO A6: 1 SUJITH, AGED 30 YEARS, S/O. SURENDRAN, CHARUVILA VEEDU, NEAR GOVT. LPS SCHOOL, MULLARAMCODE, MAVINMOODU DESOM, OTTOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695 605. 2 MAHESH, AGED 30 YEARS, S/O. NAKULAN, CHARUVILA VEEDU, MAVINMOODU COLONY, MULLARAMCODE, OTTOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN - 695 605. 3 SARATH, AGED 28 YEARS, S/O. SURENDRAN, CHARUVILA VEEDU, MAVINMOODU COLONY, MULLARAMCODE, OTTOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN - 695 605. 4 JOY, AGED 24 YEARS, S/O.GOPI, CHARUVILA VEEDU, NEAR GOVT. LPS SCHOOL, MULLARAMCODE, MAVINMOODU DESOM, OTTOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695 605. Crl.M.C.No.8747/22 2 5 VIJESH @ JAGAN, AGED 21 YEARS, S/O.KUNJUSANKARAN, CHARUVILA VEEDU, MAVINMOODU COLONY, MULLARAMCODE, OTTOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN - 695 605.
6 MANOJ, AGED 35 YEARS, S/O. VASUDEVAN, BINDU NIVAS, MAVINMOODU DESOM, NAVAIKULAM BY ADV.MELWIN BYJU RESPONDENTS/STATE, CW1 TO CW5: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 ASWATH @ ACHU, AGED 27 YEARS, S/O.MANILAL, KUNNUVILA PUTHEN VEEDU, NEAR THIRUVATHIRA HOLLOW BRICKS, MAVINMOODU, MULLARAMKODU DESOM, OTTOR
3 SAJEEV @ SAJI, AGED 40 YEARS, S/O.SASIDHARAN ASARI, VATTAVILA VEEDU, MAVINMOODU DESOM, OTTOOR Crl.M.C.No.8747/22 3 4 SANTHOSH, AGED 41 YEARS, S/O.SASIDHARAN ASARI, VATTAVILA VEEDU, MAVINMOODU DESOM, OTTOOR 5 VISHNURAJ @ VISHNU, AGED 27 YEARS, S/O.MANIRAJAN, VISHNU LAND, MAVINMOODU, KALLAMBALAM DESOM, OTTOOR VILLAGE, VARAKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695 605. 6 VISAKH, AGED 24 YEARS, S/O. MANIRAJAN, VISHNU LAND, MAVINMOODU, MAVINMOODU DESOM, OTTOOR VILLAGE, VARAKALA TALUK, THIRUVANANTHAPURAM BY ADV.SHAJIN S.HAMEED SRI.M.P.PRASHANTH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.8747/22 4
ORDER
The petitioners are the accused Nos.1 to 6, in Crime No.6 of 2020 of Kallambalam Police Station, which is now pending as S.C.No.1014 of 2021 on the file of the Assistant Sessions Court, Attingal. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 294(b), 506(ii), 326 and 308 red with Section 149 IPC.
2. Annexure-A is the final report submitted by the Police, and this Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A final report. Respondents 2 to 6 are the victims of the said crime.
3. Heard Sri.Shajin S.Hameed, learned counsel for the petitioners, Sri.A.K.Rajesh, learned counsel for the respondents 2 to 6 and Smt.Sreeja V., learned Public Prosecutor for the State.
4. Prayer for quashing the proceedings is sought mainly
on the ground that the dispute between the parties has been settled. Annexure-B to Annexure-F affidavits sworn by respondents 2 to 6 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the respondents 2 to 6 had explicitly acknowledged the aforesaid settlement and also Crl.M.C.No.8747/22 5 conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 2 to 6 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.
6. It is true that, some of the offences against the
petitioners are under Sections 326 and 308 IPC. However, it is seen from the records that, in connection with the very same incident, crime No.5 of 2020 was registered by the Kallambalam Police, in which the accused persons are the respondents 2 to 4 and some other persons. Injured persons in the said case are the accused persons in this case. The said crime is now pending as Crl.M.C.No.8747/22 6 S.C.No.852 of 2021 before the Assistant Sessions Court, Attingal and Crl.M.C.No.8683 of 2022 is filed by the accused persons therein to quash the proceedings against them. Both these Crl.M.Cs are filed on the basis of the settlement arrived between the parties. Considering the fact that the parties have mutually settled all the disputes between them, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C. While considering the same, I have also taken note of the fact that no criminal antecedents of any of the petitioners herein were also brought to my notice. In the result, this Crl.M.C. is allowed, and Annexure-A final report submitted in Crime No.6 of 2020 of Kallambalam Police Station and all further proceedings in S.C.No.1014 of 2021 on the file of the Assistant Sessions Court, Attingal, against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/4.1.23 Crl.M.C.No.8747/22 7 APPENDIX OF CRL.MC 8747/2022 PETITIONER ANNEXURES Annexure-A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO:6/2020 OF KALLAMBALAM POLICE STATION. Annexure-B AFFIDAVIT EXECUTED BY THE 2ND Annexure-C AFFIDAVIT EXECUTED BY THE 3RD Annexure-D AFFIDAVIT EXECUTED BY THE 4TH Annexure-E AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT Annexure-F AFFIDAVIT EXECUTED BY THE 6TH Crl.M.C.No.8747/22 8 APPENDIX OF CRL.MC 8683/2022 PETITIONER ANNEXURES Annexure-A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.5/2020 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. Annexure-B AFFIDAVIT EXECUTED BY THE 2ND Annexure-C AFFIDAVIT EXECUTED BY THE 3RD Annexure-D AFFIDAVIT EXECUTED BY THE 4TH