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Rifath vs State of Kerala

Rifath vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2022
~4 min read
https://sooperkanoon.com/case/1448610

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/824/2022

Parties & Advocates

Appellant / Petitioner

Rifath

Respondent

State of Kerala

Excerpt

.....and 308 read with section 34 of indian penal code.2. the prosecution case is that, on 19.03.2018, at about 09.30 p.m, the accused persons attacked the 3 rd respondent by beating him with bear hands. during the said incident, the 3 rd respondent/defacto complainant sustained a fracture of his eardrum. annexure-1 is the final report submitted by the police. this crl.m.c is filed for quashing all further proceedings pursuant to annexure-1 as against the petitioner.3. heard sri. p.n sukumaran, the learned counselappearing for the petitioner, sri. vipin narayan, the learned public prosecutor appearing for the state and sri. jaison joseph, the learned counsel appearing for the 3rd respondent.4. the prayer for quashing the above proceedings issought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person/3rd respondent has sworn annexure-2 affidavit. the aforesaid affidavit indicates that, the matter has been settled and the 3rd respondent has no subsisting grievance against the petitioner herein. he also conveyed that he has no objection in quashing the proceedings against the petitioner herein. the learned counsel for the 3rd respondent/injured person also confirmed the same. the learned public prosecutor upon instructions submitted that the veracity of the settlement was verified by the station house officer concerned and before the sho also, the 3rd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioner herein.5. going through the materials available on record, it isdiscernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein were allowed to continue. in such circumstances, the chances of a successful prosecution are very bleak. therefore, i am of the view.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, 1944 CRL.MC NO. 824 OF 2022 PETITIONER/ACCUSED NO 2: RIFATH AGED 29 YEARS SON OF ABDUL AHAD, NAJIMA NIVAS, ALIYIRAKKOM, CHILAKKORE, VARKALA, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695141 BY ADV P.N.SUKUMARAN RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE, VARKALA POLICE STATION VARKALA, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695141 3 CHIBIL AGED 29 YEARS SON OF CHANDRAN, KOCHUVILA HOUSE, MOONGODE, MANAMBOOR VILLAGE, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695144 BY ADV JAISON JOSEPH ADV VIPIN NARAYAN -PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner is the accused No. 2 in Crime No.519/2018 of Varkala Police Station which is now pending as S.C No. 147/2019 before the Assistant Sessions Court, Attingal. The offences alleged against the petitioner and other accused are punishable under Sections 294(b), 341, 323, 325, 427 and 308 read with Section 34 of Indian Penal Code.

2. The prosecution case is that, on 19.03.2018, at about 09.30 p.m, the accused persons attacked the 3 rd respondent by beating him with bear hands. During the said incident, the 3 rd respondent/defacto complainant sustained a fracture of his ear

drum. Annexure-1 is the Final Report submitted by the police. This Crl.M.C is filed for quashing all further proceedings pursuant to Annexure-1 as against the petitioner.

3. Heard Sri. P.N Sukumaran, the learned counsel

appearing for the petitioner, Sri. Vipin Narayan, the learned Public Prosecutor appearing for the State and Sri. Jaison Joseph, the learned counsel appearing for the 3rd respondent.

4. The prayer for quashing the above proceedings is

sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person/3rd respondent has sworn Annexure-2 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the 3rd respondent has no subsisting grievance against the petitioner herein. He also conveyed that he has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 3rd respondent/injured person also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the 3rd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioner herein.

5. Going through the materials available on record, it is

discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.

6. It is true that, some of the offences are punishable

under Sections 325 and 308 of Indian Penal code. Moreover, the learned Public Prosecutor also pointed out that the petitioner was involved in another crime in the year 2012 and one among the offences therein was under Section 326 of Indian Penal Code. However, considering the fact that, the matter is settled between the parties, and also taking note of the fact that, the earlier crime is in the year 2012, whereas this is in the year 2018, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C on the basis of settlement between the parties.

Accordingly, this Crl.M.C. is allowed. All further proceedings pursuant to Annexure-1, Final Report in Crime No.519/2018 of Varkala Police Station and all further proceedings in S.C.147/2019 which is now pending before the Assistant Sessions Court, Attingal

as against the petitioner who is the 2 nd accused are hereby quashed. Sd/- ZIYAD RAHMAN A.A JUDGE rpk APPENDIX OF CRL.MC 824/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FINAL REPORT DATED 25.03.2018 IN SC NO. 147/2019 OF ASST. SESSIONS COURT ATTINGAL. Annexure2 AFFIDAVIT SWORN BY THE THIRD RESPONDENT DATED 01.02.2022

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