Full Judgment
Crl.M.C.No.271/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 23RD DAY OF MAY 2022 / 2ND JYAISHTA, 1944 CRL.MC NO. 271 OF 2022 CRIME NO.1841/2021 OF Kalamassery Police Station, Ernakulam PETITIONERS/ACCUSED 1 TO 7 :
1 SUFAIL U.K., S/O.MUHAMMED.U.K., URAKKODAN HOUSE, ELANKUR, CHERUKULAM P.O., PIN-676 122, MALAPPURAM DISTRICT. 2 GOKUL KRISHNA.C.P., S/O.GOPALAKRISHNAN.C.P., CHAKKIPARAMBIL HOUSE, MANNARAMALA P.O., KARIAVATTOM, MALAPPURAM DISTRICT, PIN-679 325. 3 MUSTHAFA LABEEB.K.A., S/O.ALIKUNJU.K.H., KADAVILAN HOUSE, EDAYAR, MUPPATHADAM P.O., PIN-683 110, ALUVA, ERNAKULAM. 4 MEJO JOSE, S/O.JOSE.K.V., KAROTTAPPURAM, KARIKKODE, OKKAL P.O., CHELAMATTOM, ERNAKULAM, PIN-683 550. 5 MANAV ASHRAF, S/O.ASHRAF.R.P., RAYAMMARAKKARVEETTIL, PERUMPADI, VATTEKKAD P.O., ORUMANAYOOR, PIN-680 512. 6 MOHAMMED JABIR.C.P., S/O.BASHERR, CHUNDAMPATTA HOUSE, KAKKOOTH, BIG BAZAR, PERINTHALMANNA P.O., MALAPPURAM, PIN-679 322. 7 MOHAMMED DILSHAD.M.,
Crl.M.C.No.271/2022 2 S/O.ABDUL SHUKKUR.M., MANNATHODI HOUSE, ATHANIKKAL, VALLUVAMBRAM P.O., MALAPPURAM, PIN-673 642. BY ADV RAHUL SASI RESPONDENTS/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 MUHAMMED NAJID, S/O.MAJEED, THOTTILPALAM, KUTTIYADI, KAVILUMBARA, KOZHIKODE-673 513. BY ADV NIRMAL V NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.271/2022 3
ORDER
Petitioners are the accused Nos.1 to 7 in Crime No.1841 of 2021 of Kalamassery Police Station, which is registered for the offences punishable under Sections 143, 147, 341, 323 and 149 IPC. The aforesaid crime was registered on the basis of a complaint submitted by the 2nd respondent herein.
2. The prosecution case is that on 22.12.2021 at 09.15 pm
the petitioners who were students of Cochin University of Science and Technology (CUSAT) campus wrongfully restrained the 2 nd respondent who is a fellow student and assaulted him using hands and caused injuries. Annexure-A1 is the FIR. This Crl.M.C. is filed for quashing all further proceedings.
3. Heard Sri.Rahul Sasi, learned counsel for the petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.Nirmal V. Learned counsel for the 2nd respondent.
4. Prayer for quashing the proceedings is sought mainly on
the ground that the dispute between the parties has been settled. To substantiate the settlement, Annexures-A2 affidavit sworn by the 2nd respondent is filed along with this Crl.M.C. In the said affidavit, the 2nd respondent had explicitly acknowledged the aforesaid Crl.M.C.No.271/2022 4 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 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 mainly 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-A1 FIR submitted in crime No.1841 of 2021 of Kalamassery Police Station and all further proceedings thereof as against the petitioners herein, are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/23.5.22 Crl.M.C.No.271/2022 5 APPENDIX OF CRL.MC 271/2022 PETITIONER ANNEXURES Annexure A1 THE CITIZEN COPY OF THE FIR IN CRIME NO.1841 OF 2021 OF KALAMASSERY POLICE STATION. Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 05.01.2022 SUBMITTED THE2ND RESPONDENT.