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.339/2022 OF MANNANCHERRY POLICE STATION, Alappuzha AGAINST THE ORDER/JUDGMENT IN CC 1094/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA PETITIONER/ACCUSED: SHEMEER AGED 37 YEARS S/O. SHAHUL HAMEED, VELIYIL, SARVODAYAPURAM HOUSE, KATTOOR P.O., WARD NO. 14, MARARIKKULAM THEKKU PANCHAYATH, ALAPPUZHA DISTRICT , PIN - 688523 BY ADV P.P.RAJESH RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, KOCHIN, PIN - 682031 2 BIJUMON AGED 45 YEARS S/O. MANIAN, VELIYIL HOUSE, KATTOOR P.O., WARD NO.14, MARARIKKULAM THEKKU PANCHAYATH, ALAPPUZHA DISTRICT , PIN - 688523 BY ADVS. PUBLIC PROSECUTOR P.V.KURIACHAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ZIYAD RAHMAN A.A., J.
--------------------- Crl.M.C.No.3838 of 2022 --------------------------- Dated this the 30th day of June, 2022
ORDER
The petitioner is the accused in Crime No.339/2022 of Mannancherry Police Station, which is now pending as C.C Alappuzha. The offences alleged against the petitioner are punishable under Sections 451, 294(b), 506 & 392 of the Indian Penal Code.
2. The prosecution case is that, on 11.05.2022 at 4.00 pm,
the accused trespassed into the shop of the 2nd respondent/de-facto complainant, uttered obscene words and forcefully taken away the mobile phone belonging to him. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.P.P.Rajesh, the learned counsel appearing for
the petitioner, Sri.Sudheer Gopalakrishnan, the learned Public Prosecutor appearing for the State and Sri.P.V.Kuriachan, the learned counsel appearing for the 2nd 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 the de- facto complainant/2nd respondent has sworn Annexure-A3 affidavit. The aforesaid affidavit indicates that the matter has been settled and the 2nd 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 2nd respondent/the de-facto complainant 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 2 nd 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 one of the offences alleged against the petitioner is under Section 308 of the IPC. However, it is discernible from the records that the incident occurred as part of the private
dispute between the parties and now they had resolved all the issues
among them. Both parties are known to each other and in the affidavit it is stated that they were close friends earlier and now they have restored their cordial relationship. In such circumstances, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C and to quash the proceedings. Accordingly, this Crl.M.C. is allowed. Annexure-A2 final report in Crime No.339/2022 of Mannancherry Police Station and all further proceedings in C.C.1094/2022 pending before the Judicial First Class Magistrate Court-II, Alappuzha as against the petitioner are hereby quashed.
Sd/- ZIYAD RAHMAN A.A. JUDGE bng APPENDIX OF CRL.MC 3838/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. STATION, ALAPPUZHA DISTRICT. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C. C. NO. 1094/ 2022 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALAPPUZHA. Annexure A3 AFFIDAVIT DATED 09/ 06/ 2022 SWORN IN BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT