Full Judgment
Crl.M.C.No.443/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 22ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944 CRL.MC NO. 443 OF 2022 AGAINST THE ORDER/JUDGMENT IN SC 1087/2016 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE PETITIONERS/ACCUSED: 1 YUNUS, S/O.AMMAD, MATHATH HOUSE, CHERAPURAM P. O., 2 RAMSHAD, AGED 25 YEARS, S/O.BASHEER, KEYATHKUNI HOUSE, CHERAPURAM P. O., 3 ROUF, AGED 28 YEARS, S/O.SOOPI, KEYATHKUNI HOUSE, CHERAPURAM P. O., 4 SADIQUE, S/O.AMMAD, KANNANKODE KOYILOTH, CHERAPURAM P. O., 5 RAMSHAD, AGED 24 YEARS, S/O.MOOSA, PADINJARE VACHAKKAL, CHERAPURAM P. O., 6 SUHAIL, S/O.MOITHU, CHALAKANDY HOUSE, CHERAPURAM P. O., Crl.M.C.No.443/2022 2 BY ADV SHARAN SHAHIER RESPONDENT/STATE/DE FACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 AKHILESH, AGED 24 YEARS, S/O.SREEDHARAN, THARAVATTAH HOUSE, NAMABAVAYAL, CHERAPURAM, VADAKARA TALUK, KOZHIKODE. BY ADV MINTU CHERIYAN SRI.C.S.HRITHWIK-Sr.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.443/2022 3
ORDER
The petitioners are the accused in Crime No.17 of 2016 of Kuttiady Police Station, which is now pending as S.C.No.1087 of 2016 before the District and Sessions Court, Kozhikode. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 326, 308 read with Section 149 of IPC.
2. The prosecution case is that, on 08.01.2016 at about 1.45
am, while the de facto complainant was going back home along with his friend, the petitioners in furtherance of their common intention wrongfully restrained him and assaulted him with an iron rod. He sustained fracture on the right hand. Annexure-1 is the FIR and Annexure-2 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.Sharan Shahir, learned counsel for the petitioners, Smt.Seena C., learned Public Prosecutor for the State and Sri.Mintu Cheriyan, learned counsel for the 2 nd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-2 affidavit sworn by the 2 nd respondent/de facto Crl.M.C.No.443/2022 4
complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2nd respondent/de facto complainant 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 2 nd respondent/de facto complainant 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 of Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.
6. It is true that among the offences alleged against the petitioners, offence under Sections 326 and 308 of IPC are also incorporated. However, it is discernible from the records that, the Crl.M.C.No.443/2022 5
parties are hailing from the very same locality and known to each other. It is evident from the affidavit filed by the de facto complainant that, now all their disputes have been settled and they are maintaining a cordial relationship, despite the fact that both the parties belonging to a rival political parties. In such circumstances, in order to ensure peace among the factions of people in the locality, it is only appropriate that the proceedings against the petitioners be quashed on the basis of the settlement.
In the result, this Crl.M.C. is allowed, Annexure-1 FIR submitted in Crime No.17 of 2016 of Kuttiady Police Station and all further proceedings in S.C.No.1087 of 2016 on the file of the District and Sessions Court, Kozhikode, against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/23.6.22 Crl.M.C.No.443/2022 6 APPENDIX OF CRL.MC 443/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.17/2016 OF KUTTIADY POLICE STATION, KOZHIKODE DISTRICT. Annexure A2 AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT.