Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943 CRL.MC NO. 487 OF 2022 [AGAINST ALL FURTHER PROCEEDINGS IN CRIME NO.1678/2021 OF CHERTHALA POLICE STATION] PETITIONERS/ACCUSED: 1 ULLAS,AGED 47 YEARS S/O. VASU, KOTTINATTU VELI, CMC 22, CHERTHALA P.O., ALAPPUZHA 688 524. 2 RAJESH, AGED 37 YEARS S/O. KARUNAKARAN, VADAKEKAMBIKAYATH, KURUPANKULANGARA P.O., CHERTHALA SOUTH PANCHAYATH WARD 6, ALAPPUZHA 688 539. 3 MADHU, AGED 50 YEARS S/O. GOPINATHAN ACHARI, OLAVAKATH VELI, CHERTHALA SOUTH P.O, ALAPPUZHA 688 539. BY ADV MANU HARSHAKUMAR RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031. 2 PRAVEEN KUMAR, S/O. KUTTAPAN, VV GRAMAM, KURUPPANKULANGARA P.O., CHERTHALA ALAPPUZHA 688 539. BY ADV RAPHAEL THEKKAN FOR R2
OTHER PRESENT: ADV. VIPIN NARAYAN -SR PP FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC No.487 of 2022 2
ORDER
The petitioners are accused Nos.1 to 3 in Crime No.1678 of 2021 of Cherthala Police Station which was registered for the offences punishable under Sections 294(b),323,324,326 r/w. Section 34 of the Indian Penal Code (IPC).
2. The allegation against the petitioners is
that on 21.11.2021 at about 7 p.m., the petitioners have assaulted the defacto complainant and thereafter the petitioners had followed the injured in a motor cycle and hit him down from his scooter. This Crl.M.C. is filed praying for quashing all further proceedings in the aforesaid crime.
3. Heard Sri. Manu Harshakumar the learned counsel for the petitioners, Sri. Vipin
Narayan, the learned Public Prosecutor for the CRL.MC No.487 of 2022 3 State and Sri. Raphael Thekkan, the learned
counsel for the 2nd respondent-defacto complainant.
4. The quashing of the proceeding is sought
for on the ground that, the matter has been settled between the parties and the defacto complainant has no subsisting grievances as against the petitioners herein. In order to
substantiate the aforesaid settlement Annexure-II affidavit sworn by the defacto complainant was also produced along with Crl.M.C. On perusal of the same, it is understood that the matter has been settled and the defacto complainant has no subsisting grievance as against the petitioners herein. He also expressed his no objection in quashing the proceedings as against the petitioners herein. The learned Public Prosecutor also confirmed the fact of settlement between the
parties upon instructions in this regard. The learned counsel for the 2nd respondent also acknowledges the settlement and re-iterated CRL.MC No.487 of 2022 4 the decision taken by the defacto complainant,
through the affidavit submitted by him.
5. On going through the materials available on record, it is seen that, the offence under Section 326 is also there. However, it is evident
that, apart from loss of teeth, no serious injuries affecting the physical abilities of the defacto complainant are seen sustained. In such circumstances, considering the fact of settlement arrived at between the parties, in the light of
the decision Gian Singh v. State of Punjab and Another[2012(4) KLT 108], the matter can be quashed by invoking the powers of this Court under Section 482 Cr.PC. This is particularly because, in view of the settlement arrived at between the parties, the chances of a successful prosecution are very bleak and continuation of the same would be a wastage of judicial time and efforts.
CRL.MC No.487 of 2022 5
In such circumstances, this Crl.M.C. is
allowed and all further proceedings in Crime
No.1678/2021 of Cherthala Police Station arehereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE pkk CRL.MC No.487 of 2022 6 APPENDIX OF CRL.MC 487/2022 PETITIONER’S ANNEXURES Annexure 1 CERTIFIED COPY OF FIS AND FIR DATED 27.11.2021 IN CRIME NO. 1678 OF 2021 OF CHERTHALA POLICE STATION. Annexure II A COPY OF AFFIDAVIT SIGNED BY THE 2ND RESPONDENT.