Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 CRIME NO.183/2021 OF NEDUMBASSERY POLICE STATION, ERNAKULAM PETITIONER/ACCUSED: ABHIJITH AGED 30 YEARS S/O. SANTHOSH BABU, KODOTH HOUSE, THOTTAKATTUKARA, ALUVA EAST VILLAGE, ALUVA, ERNAKULAM DISTRICT. BY ADVS. N.K.KARNIS SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 STATION HOUSE OFFICER, NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT-683585. 3 AMMINI, AGED 70 YEARS W/O. UPENDRANARAYANAN, KUNNETH HOUSE, KOTHAKULANGARA KARA, ANGAMALY VILLAGE, ERNAKULAM DISTRICT-682572. BY ADVS. P.THOMAS GEEVERGHESE E.S.FIROS PP-SRI.SUDHEER GOPALAKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioner is the accused in Crime No.183/2021 of Nedumbassery Police Station which is registered for the offences punishable under Section 426 and 447 of Indian Penal Code. Aforesaid crime was registered on the basis of a complaint submitted by the 3 rd
respondent. The allegation against the petitioner is that, he has trespassed into the property belonging to the daughter of the 3 rd respondent, caused damages to the property by enhancing width of the boundary wall of the property and also created a water channel through the property. It was also alleged that the petitioner had installed a pipeline and a junction box therein. It was alleged that the aforesaid acts were committed by the petitioner without consent of the owner of the property. The crime was registered in the aforesaid circumstances.
2. This Crl.M.C. is filed by the petitioner seeking to quash all further proceedings pursuant to Annexure A3 First Information Report registered in pursuance of the said complaint.
3. Heard Sri.Latheesh Sebastian, learned counsel for the
petitioner, Sri.Sudheer Gopalakrishnan, learned Public Prosecutor for the 1st and 2nd respondent and Sri.E.S. Firos, learned counsel appearing for the 3rd respondent.
4. It is submitted by the learned counsel for the petitioner that
subsequent to the registration of First Information Report, the property involved in the matter has been restored into its original position and all the damages alleged to have been caused to the said property were properly rectified. It is also pointed out that, at the moment the 3 rd respondent does not have any subsisting grievance in respect of the dispute and hence continuation of the proceedings is a futile exercise. Learned counsel for the 3rd respondent confirms that the 3rd respondent does not have any grievance against the petitioner herein and she does not have any objection in quashing the proceedings against the petitioner herein. Learned Public Prosecutor made available a statement recorded by the Station House Officer concerned wherein, the 3rd respondent has specifically stated that the damages caused in the property have been set right by the petitioner herein and the same has been restored into its original position. She further stated that she does not intend to proceed with the aforesaid complaint and hence the
further proceedings can be terminated. It is discernible from the records that a settlement has been arrived at between the parties and the same is confirmed by the learned counsel appearing for the 3 rd respondent and it is also evident from the statement of the 3 rd respondent recorded by the Station House Officer. It is also discernible from the records that the dispute is basically private in nature and no
public interest is involved. In the light of the above, no fruitful purpose would be served if the proceedings were allowed to continue. In such circumstances, I am of the view that, further proceedings in the matter can be quashed by invoking powers of this Court under Section 482 Cr.P.C. In the above circumstances this Crl.M.C. is allowed and Annexure A3 First Information Report in Crime No.183/2021 of Nedumabassery Police Station and all further proceedings pursuant thereto are hereby quashed.
Sd/- ZIYAD RAHMAN A.A. JUDGE SCS APPENDIX OF CRL.MC 2608/2021 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE SETTLEMENT DEED NO.3575/2002 OF CHENGAMANAD SRO. ANNEXURE A2 TRUE COPY OF THE COMPLAINT OF THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 4.3.2021. ANNEXURE A3 TRUE COPY OF THE FIR IN CRIME NO.183/2021 OF NEDUMBASSERY POLICE STATION.