Ramsheed. P vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 07, 2022

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Citation: sooperkanoon.com/1440901
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Apr 07, 2022
Case Number: Crl.MC/135/2022

Parties & Advocates

Appellant / Petitioner

Ramsheed. P

Respondent

State of Kerala

Excerpt

.....the offences alleged against the petitioners and other accused are under sections 143, 147, 341, 323, 427 read with 149 ipc.2. the prosecution allegation is that, on 27.06.2013 at about 8.30 pm the accused persons wrongfully restrained the de facto complainant had assaulted him and caused damages to his car. this crl.m.c. is filed for quashing all further proceedings pursuant to annexure-2 final report as against the petitionerherein. it is discernible from the records that all the accused persons except the petitioner have faced trial in c.c.no.1519 of 2015, which was arising from the very same crime and annexure-3 is the judgment passed thereon. after appreciating the materials produced by the prosecution, the learned magistrate arrived at aconclusion that accused persons are not guilty of any of theoffences. it is seen that all the occurrence witnesses have turned hostile to the prosecution, as they have stated that they could not identify any of the assailants. crl.m.c.no.135/22 33. heard sri.rahul sasi, learned counsel for the petitioner, sri.nirmal v. nair, learned counsel for the 2 nd respondent and sri.renjit george, learned public prosecutor for the state.4. prayer for quashing the proceedings is sought mainly onthe ground that the dispute between the parties has been settled. annexure-4 affidavit sworn by the 2nd respondent is filed along with this crl.m.c. to substantiate the settlement. in the said affidavit, 2nd respondent 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 the 2nd 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.5. the allegations would reveal that the dispute is purelyprivate in nature. in such circumstances, by applying the principles laid down by.....

Full Judgment

Crl.M.C.No.135/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944 CRL.MC NO. 135 OF 2022 CRIME NO.808/2013 OF KANHANGAD POLICE STATION, Kasargod PETITIONER/7TH ACCUSED: RAMSHEED.P, S/O.MUHAMMED KUNHI, AGED 26 YEARS, SAUMAYYA MANZIL, HOSDURG BEACH, HOSDURG VILLAGE, KASARGOD, PIN - 671 315. BY ADV RAHUL SASI RESPONDENTS/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 MUHAMMED KUNHI P.V. AGED 47 YEARS, S/O.IBRAHIM, SANA MANZIL, AVIKKARA, HOSDURG VILLAGE. KASARGOD, PIN - 671 315. BY ADV.NIRMAL V NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.135/22 2

ORDER

The petitioner is the 7th accused in Crime No.808 of 2019 of Hosdurg Police Station, which is now pending as C.C.No.1034 of 2021 before the Judicial First Class Magistrate Court-II, Hosdurg. The offences alleged against the petitioners and other accused are under Sections 143, 147, 341, 323, 427 read with 149 IPC.

2. The prosecution allegation is that, on 27.06.2013 at about 8.30 pm the accused persons wrongfully restrained the de facto complainant had assaulted him and caused damages to his car. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-2 final report as against the petitioner

herein. It is discernible from the records that all the accused persons except the petitioner have faced trial in C.C.No.1519 of 2015, which was arising from the very same crime and Annexure-3 is the judgment passed thereon. After appreciating the materials produced by the prosecution, the learned Magistrate arrived at a

conclusion that accused persons are not guilty of any of the

offences. It is seen that all the occurrence witnesses have turned hostile to the prosecution, as they have stated that they could not identify any of the assailants. Crl.M.C.No.135/22 3

3. Heard Sri.Rahul Sasi, learned counsel for the petitioner, Sri.Nirmal V. Nair, learned counsel for the 2 nd respondent and Sri.Renjit George, 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-4 affidavit sworn by the 2nd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, 2nd respondent 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 the 2nd 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.

5. The allegations would reveal that the dispute is purely

private in nature. In such circumstances, by applying the principles laid down by the Hounourable 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 Crl.M.C.No.135/22 4 of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

6. In the light of the settlement arrived at and also in the

light of the judgment passed by the learned Magistrate in Annexure-3 judgment, there is no purpose in continuing the prosecution as the chances of successful prosecution is very bleak. In the result, this Crl.M.C. is allowed and Annexure-2 final report submitted in Crime No.808 of 2013 of Hosdurg Police Station and all further proceedings in C.C.No.1034/2021 on the file of the Judicial First Class Magistrate Court-II, Hosdurg are hereby quashed.

Sd/- ZIYAD RAHMAN A.A. JUDGE DG/7.4.22 Crl.M.C.No.135/22 5 APPENDIX OF CRL.MC 135/2022 PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 808 OF 2013 OF HOSDURG POLICE STATION. Annexure2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 808 OF 2013 OF HOSDURG POLICE STATION. Annexure3 THE CERTIFIED COPY OF THE JUDGEMENT ON C.C NO. 1519/15 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG. Annexure4 THE ORIGINAL OF THE AFFIDAVIT DATED 28.12.2021 SUBMITTED BY THE 2ND RESPONDENT.

Same Court & Year Kerala · 2022 Same Parties Ramsheed. P vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.