Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 CRL.MC NO. 5480 OF 2021 AGAINST THE ORDERCC 112/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI PETITIONER/ACCUSED NOS.1 TO 4:
1 JISHAN AGED 39 YEARS S/O SAMSON, KURUSHUPARAMBIL HOUSE, FORT KOCHI VELI, FORT KOCHI, KOCHI682 001, PIN - 682001 2 THANSEER, AGED 34 YEARS S/O. BASHEER, H.NO. 12/1229, MALIYEKAL PARAMBU, CHULLICKAL, KOCHI-682 005. 3 IQBAL AGED 51 YEARS S/O HAMSA, VALIYAKATHU HOUSE, THEKKAN MALIPURAM,AZHEKAL, PUTHU VYPE, VYPIN. 4 PRAVEEN AGED 37 YEARS S/O FRANKLIN ATTHIPUZHI HOUSE, SAUDHI, MUNDEMVELI.P.O, PIN-682 507 BY ADV M.H.HANIS
RESPONDENT/DEFACTO COMPLAINANT AND STATE: 1 SHAIJU AGED 31 YEARS S/O ASHRAF, CC.3/401, UBAID ROAD, FORT KOCHI, PIN- 682 001, MOB' 9846516039 2 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION , ERNAKULAM DISTRICT, REP.BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031. BY ADV P.A.MUJEEB ADV. SUDHEER GOPALAKRISHNAN -PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are accused Nos. 1 to 4 in Crime No.892/2018 of Thoppumpady Police Station which is now pending as C.C 112/2020 before the Judicial First Class Magistrate Court- II, Kochi. The offences alleged against the petitioners are punishable under Sections 323 and 326 read with Section 34 of Indian Penal Code.
2. The prosecution case is that, on 29.06.2018 at 08.30.p.m, the 1st accused along with the other accused attacked the 1st respondent/defacto complainant with iron rod and caused serious injuries on his head. Annexure-A is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure-A.
3. Heard Sri. M.H Hanis, the learned counsel appearing for
the petitioners, Sri. Sudheer Gopalaskrishnan, the learned Public Prosecutor appearing for the State and Sri. P.A Mujeeb, the learned counsel appearing for the 1st 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 injured person has sworn Annexure-B affidavit. The aforesaid affidavit indicates that, the matter has been settled and the injured person 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 1st respondent /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 injured person 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.
6. It is true that, one of the offences alleged against the
petitioners is under Section 326 of IPC. However, on perusal of the records, it is seen that the parties are belonging to very same locality and since they have arrived at a settlement between them, it is only proper that the proceedings be quashed to ensure peace and harmony in the locality. In such circumstance, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C can be invoked,
Accordingly, this Crl.M.C. is allowed. Annexure-A final report in Crime No.892/2018 of Thoppumpady Police Station and all further proceedings in C.C.No.112/2020 pending before the Judicial First Class Magistrate Court-II, Kochi as against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A JUDGE rpk APPENDIX OF CRL.MC 5480/2021 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF FINAL CHARGE IN C.C.NO.
CLASS MAGISTRATE COURT -II, KOCHI ARISING FROM CRIME NO 892/2018 OF THOPPUMPADY POLICE STATION, ERNAKULAM DISTRICT. Annexure B AFFIDAVIT OF THE 1ST RESPONDENT.