Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944 CRL.MC NO. 9190 OF 2022 AGAINST THE ORDER/JUDGMENTCR 890/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ATTINGAL (TEMPORARY) CC 1812/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL PETITIONER/S: 1 SHERIFF, AGED 47 YEARS S/O ABDUL RAHMAN, MELEVILA PUTHENVEEDU, CHERUVALLI, KEEZHTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695589 2 ALIF, AGED 21 YEARS S/O SHERIFF, MELEVILA PUTHENVEEDU, CHERUVALLI, KEEZHTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695589 BY ADV P.ANOOP (MULAVANA) RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.-682031., PIN - 682031 2 SREENAND, S/O SASEENDRAN NAIR, THIRUVATHIRA VEEDU, VANDIPURA, NELLANAD VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695506 3 AKHIL.T.RAJ S/O THANKARAJ, PAARAYAM VILAKATHU VEEDU, VANDIPURA, NELLANAD VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695606 BY ADV A.CHANDRA BABU ADV.VIPIN NARAYAN, P.P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: :2 :
ORDER
Dated this the 10th day of January, 2023 The petitioners are accused Nos.1 and 2 in crime No.890/2019 of Pothencode Police Station, which is now pending as C.C. No.1812/2019 before the Judicial First Class Magistrate's Court-I, Attingal. The offences alleged against the petitioners are under Sections 341, 323, 506(i) and 34 of the Indian Penal Code.
2. The 2nd and 3rd respondents are the victims of the crime. Annexure-1 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-1 final report.
3. Heard Sri. P Anoop (Mulavana), the learned counsel
appearing for the petitioners, Sri. Vipin Narayanan, the learned Public Prosecutor for the State and Sri. A. Chandrababu, the learned counsel appearing for respondent Nos.2 and 3.
4. The prayer for quashing the proceedings is sought
mainly on the ground that the dispute between the parties has :3 : been settled. Annexures-2 and 3 affidavits sworn by respondent Nos.2 and 3 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavits, respondent Nos.2 and 3 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 respondent Nos.2 and 3 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 final report submitted in crime No.890/2019 of Pothencode Police :4 : Station and all further proceedings in C.C. No.1812/2019 on the files of the Judicial First Class Magistrate's Court-I, Attingal, against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :5 : APPENDIX OF CRL.MC 9190/2022 PETITIONER ANNEXURES Annexure1 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 890/2019 KADINAMKULAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. Annexure 2 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT Annexure 3 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT