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 515/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI PETITIONER/S:
1 NIJO AGED 35 YEARS S/O. JOHNY, KURISHINKAL HOUSE, JAVAHAR ROAD, KUMBALANGI 2 LEEN JOSEPH, AGED 23 YEARS S/O. SABU K.J., KURISHINKAL HOUSE, JAVAHAR ROAD, 3 JOHNY K.J., AGED 61 YEARS S/O. JOSEPH, KURISHINKAL HOUSE, JAVAHAR ROAD, KUMBALANGI 4 JINU, AGED 29 YEARS S/O. JOHNY, KURISHINKAL HOUSE, JAVAHAR ROAD, KUMBALANGI 5 AJITH K.A., AGED 23 YEARS S/O.HARIHARAN, KALATHIL HOUSE, SOUTH KUMBALANGI, BY ADVS. SHINOJ.K.N C.K.RAPHEEQUE K.B.NIDHINKUMAR
RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 AWEYOON NOYAL XAVIER AGED 24 YEARS S/O. JOSEPH K.X., KOCHERI HOUSE, KUMBALANGI VILLAGE, ERNAKULAM DISTRICT, PIN-682007. 3 JOSEPH ANSTEIN AGED 26 YEARS S/O. FRANCIS XAVIER, CHAKKALA PARAMBIL HOUSE, BY ADV VIDYA C.V. 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.275 of 2019 of Palluruthy Kasaba Police Station which is now pending as C.C No.515 of 2019 on the file of the Judicial First Class Magistrate Court-II, Kochi. The offences alleged against the petitioners are under Sections 143, 147, 341, 323, 427, 294(b), 506(1) and 149 of Indian Penal Code.
2. The prosecution case is that on 18.2.2019 at 10.30 p.m, the accused persons formed an unlawful assembly and manhandled the 2nd and 3rd respondents herein causing injuries to them.
3. Annexure AI is the FIR and Annexure A2 is the Final Report. This Crl.M.C is filed for quashing all further proceedings pursuant to Annexure A2.
4. Heard Sri.Shinoj K.N, learned counsel for the petitioners, Sri.Ranjit George, learned Public Prosecutor for the State and Smt.Vidya C.V, learned counsel for the respondent Nos.2 and 3.
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-A3 and A4 affidavits sworn by the respondent Nos.2 and 3 are filed with this Crl.M.C. In the said affidavit, the respondents 2 and 3 have expressly acknowledged the aforesaid settlement and also conveyed their no- objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondent No.2 and 3 also confirms the same.
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-A1 FIR in Crime No.275 of 2019 of Palluruthy Kasaba Police Station, and all further proceedings in C.C No.515 of 2019 on the file of the Judicial First Class Magistrate Court-II, Kochi are hereby quashed.
Sd/- sab ZIYAD RAHMAN A.A. JUDGE APPENDIX OF CRL.MC 297/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF FIRST INFORMATION REPORT DATED 19.2.2019 IN CRIME NO.0275/2019 OF PALLURUTHY KASABA POLICE STATION, ERNAKULAM DISTRICT. Annexure A2 A TRUE COPY OF THE FINAL REPORT DATED 28.2.2019 IN CRIME NO.0275/2019 OF PALLURUTHY KASABA POLICE STATION, ERNAKULAM DISTRICT. Annexure A3 AFFIDAVIT IS SWORN BY THE 2ND RESPONDENT DATED 6.1.2022. Annexure A4 AFFIDAVIT IS SWORN BY THE 3RD RESPONDENT DATED 6.1.2022.