Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 ST 32/2022 OF GRAM NYAYALAYA, AZHUTHA AT PEERMADE CRIME NO.1138/2021 OF KUMILY POLICE STATION PETITIONERS/ACCUSED 1 TO 7:
1 ALBIN JOHN AGED 29 YEARS, D/O DAISY JOHN VALLIAMALAYIL HOUSE, ATTAPPALLAM, 1ST MILE, KUMILY, IDUKKI, PIN - 685509 2 ARUN VIJAY AGED 21 YEARS, S/O VIJAYAKUMAR PARAPPADY ESTATE,CHANNAPETTA,PUNALUR, KOLLAM, PIN - 691306 3 JIBIN VARGHESE AGED 29 YEARS, S/O VARGHESE KIZHAKKEDATHE, ATTAPPALLAM, IDUKKI, PIN - 685509 4 SOBIN TOM AGED 29 YEARS, S/O JOHNY THOMAS KALARICKAL,ANAKKARA,IDUKKI, PIN - 685512 5 AJO ABRAHAM AGED 28 YEARS, S/O K.J. ABRAHAM KOLLAMPARAMBIL,KUMILY ,IDUKKI, PIN - 685509 6 BENNY JACOB AGED 40 YEARS S/O MANAGATTUTHAZHATHU,ATTAPPALLAM, KUMILY,IDUKKI, PIN - 685509 7 ANOOP VARGHEESE AGED 31 YEARS, S/O VARGHESE THUNDATHIL,ATTAPPALLAM,PATHUMURY,ATTAPPALLAM, PIN - BY ADV AMAL PARTHASARADHY
RESPONDENTS/DEFACTO COMPLAINANT & STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SHIJU MON KALAPURAIKKAL HOUSE, MOUNT PUTHUVEL,VANDIPERIYAR, MANJUMALA VILLAGE, IDUKKI, PIN - 685533 BY ADV ADV GIBI C GEORGE ADV SEENA C -PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are the accused in Crime No.1138/2021 of Kumaly Police Station which is now pending as S.T. No.32/2022 before the Gram Nyayalaya, Azhutha, Peermade. The offences alleged against the petitioners are under Sections 143. 147, 341, 294(b), 427, 506(1) read with Section 149 of Indian Penal Code.
2. The prosecution case is that on 10.12.2021, the
petitioners formed themselves into an unlawful assembly, obstructed a tipper lorry bearing Registration No.TN 30 AX 1396 driven by the 2nd respondent, threatened him and caused damage to the said lorry. Annexure 1 is the First Information Report and Annexure 2 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure 2.
3. Heard Sri.Amal Parthasarathy, learned counsel appearing for the petitioners, Smt.Seena C., learned Public Prosecutor appearing for the State and Sri.Gibi. C. George, 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 defacto complainant has sworn Annexure 3. The aforesaid affidavit indicates that, the matter has been settled and the defacto complainant 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/ defacto 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 defacto complainant 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 2 Final Report in Crime No.1138/2021 of Kumaly Police Station and all further proceedings in S.T. No.32/2022 pending before the Gram Nyayalaya, Azhutha, Peerumed as against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF CRL.MC 4347/2022 PETITIONER ANNEXURES Annexure1 FIR IN CRIME NO 1138/2021 OF KUMALI POLICE STATION Annexure2 FINAL REPORT IN CRIME NO 1138/2021 OF KUMALI POLICE STATION Annexure3 AFFIDAVIT