Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 16TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944 CRL.MC NO. 9344 OF 2022 AGAINST THE ORDER/JUDGMENTCC 623/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,TRIVANDRUM PETITIONER/ACCUSED: VINOD L AGED 46 YEARS S/O LEKSHMANAN T.P., T C 50/569-1, CHARUVILA VEEDU, KALADY, THIRUVANANTHAPURAM - 695002 BY ADVS. LIJU. M.P REVATHI R. KURUP RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA HIGH COURTOF KERALA, ERNAKULAM, REP. BY GOVERNMENT PLEADER,, PIN - 682031. 2 S.V. RAJ MOHAN AGED 62 YEARS S/O VELAPPAN NAIR, T C 50/1649(1) KANNALIL VEEDU,KALADY KARAMANA P.O, THIRUVANANTHAPURAM - 695022. BY ADV VINOD KUMAR C ADV SREEJA V - SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 16th day of January, 2023 The petitioner is the accused in Crime No.1460 of 2019 of
Karamana Police Station which is now pending as C.C.No.623/2019 on the file of the Judicial First Class Magistrate Court-I, Thiruvananthapuram. The offences alleged against the petitioner are under Sections 294(b), 341 and 506 of the Indian Penal Code. Annexure-1 is the Final Report. The 2 nd respondent is the defacto complainant. This Criminal M C is filed for quashing all further proceedings pursuant to Annexure-1.
2. Heard Sri. Liju M.P, the learned counsel appearing for the petitioner, Sri. Sreeja V., learned Public Prosecutor for the State and Sri. Vinod Kumar C, the learned counsel appearing for the 2nd respondent.
3. The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute
between the parties has been settled and to substantiate the same, the defacto complainant/2nd respondent has sworn Annexure-2 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the 2nd respondent has no subsisting grievance against the petitioner herein. He also conveyed that he has no objection in quashing the proceedings against the
petitioner herein. The learned counsel for the 2 nd respondent/defacto complainant 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 2nd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioner 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 against the petitioner 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-1, FIR in Crime No.1460/2019 of Karamana Police Station as against the petitioner is hereby quashed. Sd/- ZIYAD RAHMAN A.A JUDGE ams APPENDIX OF CRL.MC 9344/2022 PETITIONER'S ANNEXURES Annexure1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1460/2019 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM Annexure2 ORIGINAL OF AFFIDAVIT DATED 10.12.2022 EXECUTED BY 2ND RESPONDENT