Full Judgment
Crl.M.C.No.254/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 CRL.MC NO. 254 OF 2022 AGAINST THE ORDER/JUDGMENT IN CC 1809/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA PETITIONER/DEFACTO COMPLAINANT/INJURED: BIJU, AGED 39 YEARS, S/O.PUSHPAN, MANJOOLI HOUSE, PULLUR VILLAGE, URAKAM DESOM, MUKUNDAPURAM, TALUK, THRISSUR DISTRICT. BY ADV VISHNUPRASAD NAIR RESPONDENTS/STATE & ACCUSED NOS.1 TO 3: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2 SARAVANAN @ SARAN, AGED 31 YEARS, S/O.RAVI, NELLATTUPURAM VEEDU, CANAL BASE, IRINJALAKUDA, MATHAVALLASSERY VILLAGE, THRISSUR DISTRICT. 3 SINOY, AGED 31 YEARS, S/O.FRANCIS, THERLELY HOUSE, NEAR PULLOOR, Crl.M.C.No.254/2022 2 MISSION HOSPITAL, PULLUR VILLAGE, THRISSUR DISTRICT. 4 SARATH, AGED 30 YEARS, S/O.RAVEENDRAN, PARAYAPARAMBIL HOUSE, PULLUR AMBALA NADA DESOM, PULLUR VILLAGE, THRISSUR DISTRICT. SRI.SUDHEER GOPALAKRISHANAN - PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.254/2022 3
ORDER
The petitioner is the de facto complainant in Crime No.323 of 2011 of Irinjalakuda Police Station, which is now pending as C.C.No.1809 of 2011 on the file of the Judicial First Class Magistrate Court, Irinjalakkuda. The respondents 2 to 4 herein are the accused Nos.1 to 3 in the aforesaid crime.
2. The offences alleged against the petitioners are under Sections 341, and 324 read with 34 IPC.
3. The prosecution case is that on 27.02.2011 at 22.15 hours, the petitioner was assaulted by the respondents 2 to 4. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the police.
4. This Crl.M.C. is filed for quashing all further proceedings in Annexure-A2 final report.
5. Heard Sri.Vishnuprasad Nair, learned counsel for the petitioner and Sri.Sudheer Gopalakrishnan, learned Public Prosecutor for the State. Crl.M.C.No.254/2022 4
6. Although the accused persons were arrayed as
respondents Nos.2 to 4 in this Crl.M.C., no notice has been ordered so far. However, considering the fact that the de facto complainant himself has approached this court with a prayer to quash the prosecution against respondents 2 to 4, I am of the view that issuance of notice to respondents 2 to 4 can be dispensed with.
7. The prayer for quashing the prosecution against respondents 2 to 4 have been sought by the petitioner/ de facto
complainant based on a settlement between the parties. It is discernible from the records that the trial has commenced in this case and is going on. The settlement was arrived at between the parties during the trial. To substantiate the aforesaid settlement, in
addition to the averments made by the petitioner/ de facto complainant in the Crl.M.C., an affidavit was also sworn by him, which is produced as Annexure-A4. It is discernible from the records that the disputes between the parties have been settled, and the petitioner herein does not have any subsisting grievance against the respondents 2 to 4.
Crl.M.C.No.254/2022 5
8. On going through the materials, it is discernible that the dispute is private in nature and consequent to the settlement arrived at, the prosecution against respondents 2 to 4/accused 1 to 3 can be quashed.
9. In the such circumstances, this Crl.M.C. is to be allowed, following principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303]. In the result, this Crl.M.C. is allowed. Annexure-A2 final report
submitted in Crime No.323 of 2011 of Irinjalakuda Police Station and all further proceedings in C.C.No.1809 of 2011 on the file of the Judicial First Class Magistrate Court, Irinjalakkuda are hereby quashed.
Sd/- ZIYAD RAHMAN A.A. JUDGE DG/6.4.22 Crl.M.C.No.254/2022 6 APPENDIX OF CRL.MC 254/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR DATED 1/3/2011 IN CRIME NO. 323/2011 OF IRINJALAKUDA POLICE STATION, THRISSUR. Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET DATED IRINJALAKUDA POLICE STATION, THRISSUR. Annexure A3 TRUE COPY OF THE DEPOSITION OF THE DEFACTO COMPLAINANT BEFORE THE MAGISTRATE ON Annexure A4 AFFIDAVIT DATED 22/12/2021 SWORN BY THE PETITIONER.