Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 AGAINST THE ORDER/JUDGMENT IN CC 268/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL PETITIONER/S:
1. ANWAR SHA AGED 30 YEARS S/O ABDUL SALAM, CHHANTHAVILA VEEDU, KATTUMURAKKAL, KIZHUVILAM PO, THIRUVANANTHAPURAM 695 304
2. JIJO CHANDRAN, AGED 30 YEARS, S/O JAYACHANDRAN, JIJO COTTAGE, TOLL MUKKU, EDACKODE PO, THIRUVANANTHAPURAM 695 104
3. ASHIK, AGED 26 YEARS, KUZHIVILAAKATH HOUSE, SHANTHINAGAR, KAZHAKOOTTAM, THIRUVANANTHAPURAM 695 022
4. AKHIL SENAN, AGED 26 YEARS, THAIVILAKOM, KOVILNADA, PERUNKUZHY, ALLUR, THIRUVANANTHAPURAM, 695305
5. ANOOP, AGED 31 YEARS, S.L NIVAS, VENGODE, KIZHAKKETHONNACKAL, THIRUVANANTHAPURAM, 695 589 BY ADV MANSOOR.B.H. RESPONDENT/S:
1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2 STATION HOUSE OFFICER MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM 695303 3 AKRAM RAMEEZ,AGED 25 YEARS, SALMA PARADISE, NEAR NEW BROSS SAW MILL, MANGALAPURAM, THIRUVANANTHAPURAM, 695 317 BY ADV SAKEENA BEEGUM OTHER PRESENT: SRI RANJIT GEORGE, SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are the accused in Crime No.1376 of 2016 of Mangalapuram Police Station, Thiruvananthapuram which is now pending as C.C No.268 of 2017 before the Judicial First Class Magistrate Court-II, Attingal. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 447, 341, 323, 324 and 506(ii) of IPC.
2. The allegation against the petitioners is that, on 3.10.2016,
at about 10 a.m, on account of political enmity, they formed themselves in to an unlawful assembly and attacked the 3 rd respondent/de facto complainant with flag and sticks, and caused injuries to him.
3. Annexure A is the Final Report submitted by the police in respect of the said offence. This Crl.M.C is filed for quashing all further proceedings pursuant to Annexure -A.
4. Heard Sri.Mansoor B.H, learned counsel for the petitioners, Sri.Sri.Ranjit George, learned Public Prosecutor for the State and Smt.Sakeena Beegum, learned counsel for the third respondent.
5. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. To substantiate the settlement, annexure-B affidavit sworn by the 3 rd
respondent is filed with this Crl.M.C. In the said affidavit, the 3 rd respondent has expressly acknowledged the aforesaid settlement and also conveyed his no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for the 3 rd respondent 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.
6. 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-A Final report submitted in crime No.1376 of 2016 of Mangalapuram Police Station, Thiruvananthapuram and all further proceedings in C.C No.268 of 2017 on the files of the Judicial First Class Magistrate Court-II, Attingal are hereby quashed. Sd/- sab ZIYAD RAHMAN A.A. JUDGE APPENDIX OF CRL.MC 27/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1376/2016 OF MANGALAPURAM POLICE STATION Annexure B THE AFFIDAVIT OF THIRD RESPONDENT