Full Judgment
Crl.M.C.No.5098/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944 CRL.MC NO. 5098 OF 2022 CRIME NO.1707/2021 OF Kalamassery Police Station, Ernakulam PETITIONERS/ACCUSED NO.1 TO 3:
1 DEVI, AGED 19 YEARS, WIFE OF AADHI, KALAYAR NAGAR, POOKKOLLAI, PUTHUKOTTAI DIST. THAMILNADU., PIN - 614 001. 2 KASTHOORI, AGED 25 YEARS, WIFE OF MOOTHAPPAN, PANJANGAR, ELIKKARI, SELAM DIST, THAMILNADU., PIN - 636 117. 3 MARI AMMA, AGED 25 YEARS, WIFE OF RAVI, PANJANGAR, ELIKKARI, SELAM DIST, THAMILNADU, PIN - 636 117. BY ADV M.J.SANTHOSH
RESPONDENTS NO.1 & 2/COMPLAINANT
1 STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 030. 2 JITHU P. MATHEW, AGED 34 YEARS, SON OF MATHEW, PALACHUVATTIL HOUSE, ERAVIMANGALAM KARA, MUTTICHIRA VILLAGE, KOTTAYAM DIST, PIN - 686 613. BY ADV.K.J.JOSEPH (ERNAKULAM) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.5098/22 2
ORDER
Petitioners are the accused Nos.1 to 3 in Crime No.1707 of 2021 of Kalamassery Police Station, which is now pending as C.C.No.532 of 2021 before the Judicial First Class Magistrate Court, Kalamassery. Offences alleged are under Sections 454 and 380 read with Section 34 IPC.
2. The crux of the prosecution case is that on 21.11.2021 at
about 11.45 am the petitioners trespassed into the premises of the 2 nd respondent company and committed theft of old brass rods having value of Rs.1,00,000/-. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.M.C. is filed for quashing
all further proceedings pursuant to Annexure-A2.
3. Heard Sri.M.J.Santhosh, learned counsel for the petitioners,
Smt.Sreeja V., learned Public Prosecutor for the State andSri.K.J.Joseph, learned counsel for the 2nd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3 affidavit sworn by the 2 nd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2 nd respondent/de facto complainant had specifically acknowledged the aforesaid settlement Crl.M.C.No.5098/22 3 and also conveyed the no-objection to quash the proceedings against
the petitioners herein. The learned counsel appearing for the 2 nd respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
5. The allegations would reveal that the dispute is purely
private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.
In the result, this Crl.M.C. is allowed, and Annexure-A2 final report submitted in Crime No.1707 of 2021 of Kalamassery Police Station and all further proceedings in C.C.No.532 of 2021 on the file of the Judicial First Class Magistrate Court, Kalamassery against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/31.8.22 Crl.M.C.No.5098/22 4 APPENDIX OF CRL.MC 5098/2022 PETITIONER ANNEXURES Annexure-A1 THE CERTIFIED COPY OF FIR & FIS IN CRIME NO. 1707/2021 OF KALAMASSERY POLICE Annexure-A2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 1707/2021 OF KALAMASSERY POLICE