Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944 CRL.MC NO. 1467 OF 2022 AGAINST THE ORDER/JUDGMENT IN CC 1502/2021 OF JMFC, KAKKANAD (TEMPORARY) PETITIONER/S: MAYA AGED 38 YEARS WIFE OF JIBI, MAADAPPILLI HOUSE, AASANPADI,NEAR SUBRAHMANYA SWAMI TEMPLE, OORAKADU KAR KIZHAKKAMBALAM VILLAGE, ERNAKULAM DISTRICT, PIN - 683562 BY ADVS. DEEPAK RAJ ANISH PAUL RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 MATHAI AGED 75 YEARS SON OF MATHEW, MADAPPILLIL HOUSE,AASANPADI,PAZHANGANAD KARA, KIZHAKKAMBALAM VILLAGE,ERNAKULAM DISTRICT., PIN - 3 ALBIN K PAUL AGED 37 YEARS WIFE OF MATHEWS MATHAI,, MADAPPILLILHOUSE, AASANPADI, PAZHANGANAD KARA, KIZHAKKAMBALAM VILLAGE, ERNAKULAM DISTRICT., PIN - 4 LEELA MATHAI AGED 70 YEARS WIFE OF MATHAI, MADAPPILLIL HOUSE, AASANPADI, PAZHANGANAD KARA, KIZHAKKAMBALAM VILLAGE,ERNAKULAM DISTRICT., PIN - BY ADVS. PUBLIC PROSECUTOR K.V.SURESH KUMAR OTHER PRESENT: Adv M P Prashanth- Sr PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ZIYAD RAHMAN A.A., J …...................................... ….......................................................... Dated this the 5th day of August, 2022
ORDER
The petitioner is the accused in Crime No.893/2021 of Thadiyittaparambu Police Station, which is now pending as C.C.No. 1502/2021 before the Judicial First Class Magistrate Court, Kakkanad. The offences alleged against the petitioner are under Sections 324, 506 and 323 of the Indian Penal Code.
2. The allegation against the petitioner is that, on
31.10.2021 at 04:00 p.m., the petitioner attacked the respondents 2 to 4 and caused injuries to them. Annexure I is the Final Report submitted by the police and this Crl.M.C is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri. Deepak Raj, the learned counsel appearing
for the petitioner, Sri. M.P. Prashanth, the learned Public Prosecutor appearing for the State and Sri. K.V.Suresh Kumar, the learned counsel appearing for the respondents 2 to 4.
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 persons have sworn Annexure II to Annexure IV affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioner herein. They also
conveyed that they have no objection in quashing the proceedings against the petitioner herein. The learned counsel for the respondents 2 to 4 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 injured persons have reiterated that, they do not have any objection in quashing the proceedings as they have 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.
Accordingly, this Crl.M.C. is allowed. Annexure AI Final Report in Crime No.893/2021 of Thadiyittaparambu Police Station and all further proceedings C.C.No. 1502/2021 before the Judicial First Class Magistrate Court, Kakkanad as against the petitioner are hereby quashed. Sd/- ZIYAD RAHMAN A.A., JUDGE Dxy APPENDIX OF CRL.MC 1467/2022 PETITIONER ANNEXURES Annexure I CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO.1502/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANADU IN CRIME NO. STATION, ERNAKULAM DISTRICT
Annexure II ORIGINAL OF THE AFFIDAVIT SWORN BY 2ND Annexure III ORIGINAL OF THE AFFIDAVIT SWORN BY 3RD Annexure IV ORIGINAL OF THE AFFIDAVIT SWORN BY 4TH