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Arun C P vs Sebastin

Arun C P vs Sebastin

Type Court Judgment Court Kerala Decided Oct 06, 2022
~3 min read
https://sooperkanoon.com/case/1537571

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/6366/2022

Parties & Advocates

Appellant / Petitioner

Arun C P

Respondent

Sebastin

Excerpt

.....of october, 2022 the petitioner is accused in crime no.1414/2018 of maradu police station which is now pending as cc no.2540/2018 before the judicial first class magistate court viii, ernakulam. the offences alleged against the petitioner are under sections 324, 341,506 and 427 of the indian penal code.2. the prosecution case is that, on 03.08.2018 at11.00 a.m, the petitioner assaulted the 1 st respondent and caused injuries to him. annexure-a2 is the f.i.r and annexure-a3 is the final report submitted by the police. this crl.m.c. is filed for quashing all further proceedings pursuant to annexure-a3 final report.3. heard sri. ieans c.chamakkala, the learnedcounsel appearing for the petitioner, sri. m.p. prashanth, the learned senior public prosecutor for the state and sri. p.vipin kumar, learned counsel for the 1 st respondent.4. the prayer for quashing the proceedings issought mainly on the ground that the dispute between the parties has been settled. annexure-a4 affidavit sworn by the 1st respondent is filed along with this crl.m.c. to substantiate the settlement. in the said affidavit, the 1st respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioner herein. the learned counsel appearing for the 1st respondent 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 disputeis 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 undersection 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.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.MC NO. 6366 OF 2022 AGAINST THE ORDER/JUDGMENT CC 2540/2018 OF JMFC - VIII, ERNAKULAM (TEMPORARY) CRIME NO.1414 OF 2018 OF MARADU POLICE STATION PETITIONER/ACCUSED: ARUN C P AGED 31 YEARS CHENGADIPARAMBIL HOUSE NEAR MAHA VISHNU TEMPLE, EROOR WEST ERNAKULAM DISTRICT, PIN - 682306 BY ADVS. IEANS.C.CHAMAKKALA BINU B.SAMUEL RESPONDENTS/COMPLAINANT/STATE: 1 SEBASTIN AGED 55 YEARS MALIEKKAL HOUSE THOPPUMPADY KARA, RAMESWARAM VILLAGE ERNAKULAM DISTRICT, PIN - 682006 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV P.VIPIN KUMAR ADV M P PRASHANTH-PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 6th day of October, 2022 The petitioner is accused in Crime No.1414/2018 of Maradu Police Station which is now pending as CC No.2540/2018 before the Judicial First Class Magistate Court VIII, Ernakulam. The Offences alleged against the petitioner are under Sections 324, 341,506 and 427 of the Indian Penal Code.

2. The prosecution case is that, on 03.08.2018 at

11.00 A.M, the petitioner assaulted the 1 st respondent and caused injuries to him. Annexure-A2 is the F.I.R and Annexure-A3 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A3 final report.

3. Heard Sri. Ieans C.Chamakkala, the learned

counsel appearing for the petitioner, Sri. M.P. Prashanth, the learned Senior Public Prosecutor for the State and Sri. P.Vipin kumar, learned counsel for the 1 st respondent.

4. The prayer for quashing the proceedings is

sought mainly on the ground that the dispute between the parties has been settled. Annexure-A4 affidavit sworn by the 1st respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 1st respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for the 1st respondent 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- A3 final report submitted in crime No.1414/2018 of Maradu Police Station and all further proceedings in C.C No. 2540/2018 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam, against the petitioner are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE

AP/6-10 APPENDIX OF CRL.MC 6366/2022 PETITIONER ANNEXURES AnnexureA1 CERTIFIED COPY OF THE F.I STATEMENT IN CRIME NO. 1414/2018 OF MARADU POLICE STATION AnnexureA2 CERTIFIED COPY OF THE F.I. R IN CRIME NO. AnnexureA3 CERTIFIED COPY OF THE CHARGE SHEET IN C.C NO. 2540/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM AnnexureA4 AFFIDAVIT SWORN IN BY RESPONDENT NO.1

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