Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 30TH DAY OF JUNE 2022 / 9TH ASHADHA, 1944 CRIME NO.249/2022 OF SREEKARYAM POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1-4:
1 ASHBIN S ASHOK S/O ASHOKAN T, SREESAILAM HOUSE, KUNINGAD POST, VADAKARA, KOZHIKODE. 2 ABHIN JANARDHANAN S.O JANARDHANAN K.M, 53 KOLOTH MEETHAL, CHELANNUR, KANNANKARA, KERALA-688527. 3 ADARSH SATHYAN AGED 20 YEARS S.O SATHYAN, NARINATTU, VADAKKATHIL, CLAPPANA P.O, KARUNAGAPPALLY, CLAPPANA, KERALA-690518. 4 AVINASH S.O RAVEENDRAN, KUNNATHODY PADY, NADUVATTAM, KERALA-679308. BY ADVS. G.RANJU MOHAN M.SANTHI (K/868/2011)
RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 MUHAMMED FAZIL P.C S/O ABOOBAKKER, CHENEMKULATHINGAL HOUSE, ERANHIKODE, VADAKARA, KOZHIKODE BY ADV. ADV.M.P.PRASHANTH - SR.PUBLIC PROSECUTOR ADV.SAREENA S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are the accused in Crime No.249/2022 of Sreekaryam Police Station which was registered for the offences punishable under Sections 249(b), 143, 147, 149, 341 and 323 of Indian Penal Code.
2. The allegation against the petitioners is that, on 04.03.2022 at 16.45 p.m. due to political vendetta, the petitioners
have assaulted the 2nd respondent. Annexure A1 is the First Information Report and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.G.Ranju Mohan, learned counsel appearing for the petitioners and Smt.Seena C., learned Public Prosecutor appearing for the State and Smt.Sareena S., learned counsel appearing for the 2nd respondent.
4. The prayer for quashing the above proceedings is sought
for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person has sworn Annexure A2. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2nd 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 injured person has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners 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 petitioners 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 A1 First Information Report in Crime No.249/2022 of Sreekaryam Police Station, Thiruvananthapuram and all further proceedings pursuant thereto as against the petitioners herein are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF CRL.MC 2282/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF FIR IN CRIME NO.249/2022 OF SREEKARYAM POLICE STATION. Annexure2 AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT IN CRIME NO.249/2022 OF SREEKARYAM POLICE STATION.