Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944 CRIME NO.248 OF 2022 OF CHELAKKARA POLICE STATION PETITIONER/ACCUSED: HARRIS AGED 27 YEARS SON OF HAMEED, CHEENIKARAYIL HOUSE, KALIYAR ROAD, PANGARAPPILLY, CHELAKKARA, THRISSUR, PIN - 680586 BY ADV PEEYUS A.KOTTAM RESPONDENTS/STATE/DEFACTO COMPLAINANT/INJURED PERSON:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SULAIMAN AGED 60 YEARS SON OF KUTTIMAN RAWAT, KALIYAR ROAD, THALAPPILLY, PANGARAPPILLY, THRISSUR, PIN - 680586 3 HAMEED AGED 58 YEARS SON OF KUTTIMAN RAWAT, KALIYAR ROAD, THALAPPILLY, PANGARAPPILLY, THRISSUR, PIN - 680586 BY ADVS. PUBLIC PROSECUTOR JOMON J. MALIEKAL JERIN P. JAMES(K/001165/2022) ADV. C.S HRITHWIK SR P P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioner is the accused in Crime No.248/2022 of Chelakkara Police Station which is registered for the offences punishable under Sections 324 and 326 of Indian Penal Code.
2. The prosecution case is that, on 01.04.2022 at 9.30 p.m. the
petitioner attacked the 3rd respondent, who is none other than the father of the petitioner, with a stick and thereby caused injuries. Annexure A1 is the First Information Report and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.Peeyus A. Kottam, learned counsel appearing for
the petitioner, Sri.C.S. Hrithwik, learned Public Prosecutor appearing for the State and Sri.Jomon J. Maliekal, learned counsel appearing for the respondents 2 and 3.
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 respondents 2 and 3 have sworn Annexure A2 and Annexure A3 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the respondents 2 and 3 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 2nd and 3rd respondents/defacto complainant and 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 respondents 2 and 3 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.
6. It is true that one of the offences is under Section 326 of
Indian Penal Code which is serious in nature. However, on perusal of the records it seen that the petitioner is the son of the 3 rd respondent who is the victim of the incident and the same has occurred on account of some family disputes between the family members. The Crime was registered on the basis of an information submitted by the 2 nd respondent who is the brother of the 3rd respondent. It is reported that, now the parties have sorted out all the differences and are living under the same roof. In such circumstances, taking note of the aforesaid aspect, I deem it appropriate to quash the proceedings against the petitioner so as to ensure peace among the family members.
Accordingly, this Crl.M.C. is allowed. Annexure A1 First In formation Report in Crime No.248/2022 of Chelakkara Police Station and all further proceedings thereto as against the petitioner are hereby quashed.
Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF CRL.MC 3671/2022 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO. Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 02.06.2022 SWORN BY THE 2ND RESPONDENT BEFORE THE NOTARY PUBLIC Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED 02.06.2022 SWORN BY THE 3RD RESPONDENT BEFORE THE NOTARY PUBLIC