Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 14TH DAY OF OCTOBER 2022 / 22ND ASWINA, 1944 CRL.MC NO. 6714 OF 2022 AGAINST THE ORDER/JUDGMENTSC 127/2018 OF ADDITIONAL SUB COURT,ATTINGAL PETITIONER/ACCUSED:
1 JIHAD AGED 29 YEARS S/O.MOOSAKUNJU, MOOSAMANZIL, MADANDAPACHA MADAKKU PARA, PUTHUSSERY MUKKU, KARAVARAM VILLAGE, THIRUVANANTHAPURAM DISTRICT - , PIN - 695605 2 PREMLAL AGED 30 YEARS S/O.MOHANAN, JALAJA MANDIRAM, MATHAYIL DESOM, VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - , PIN - 695102 3 SAJEER AGED 26 YEARS S/O.SAINULABDEEN, MULAVANAPUTHAN VEEDU, CHITHRANALLOOR, VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - , PIN - 4 GIRIKRISHNAN AGED 31 YEARS S/O.GOPALAKRISHNAN NAIR, KRISHNALAYAM, PONGANADU, KILIMANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 5 NAJEEM AGED 28 YEARS S/O.HAKKIM, THASNI MANZIL, PONGANADU, KILIMANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - , PIN - 695601 BY ADVS.
K.SIJU S.ABHILASH ANJANA KANNATH T.S.SREEKUTTY RESPONDENT/STATE AND DEFACTO COMPLAINANT AND INJURED:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695601 3 JUMESH AGED 26 YEARS S/O.SHYLAJAN, J.J.BHAVAN, POLACHIRA, KILIMANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695601, PIN - 695601 4 RITHIK AGED 27 YEARS S/O.ANILKUMAR, CHARUVILA VEEDU, IRATTACHIRA, KUNNUMMEL DESOM, PAZHAYAKUNNUMMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT - , PIN - 695601 5 ARUN AGED 36 YEARS S/O.RETNAKARAN, CHARUVILA PUTHEN VEEDU, CHITTILAZHIKAM, CHARUPARA, PAZHAYAKUNNUMMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT - , PIN - BY ADV A.MUHAMMED RAFFI
ADV C S HRITHWIK-SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioner is the accused in Crime No.933/2015 of Kilimanoor Police Station, which is now pending as S.C 127/2018 before the Assistant Sessions Court, Attingal. The offences alleged against the petitioner are punishable under Sections 143, 147, 148, 149, 323, 324, 506(ii), 427 and 308 of Indian Penal Code.
2. The prosecution case is that, the petitioners who were
followers of a students union namely KSU, due to political animosity, assaulted the students belonging to the rival students union namely SFI by forming themselves into an unlawful assembly on 07.07.2015 at 8.10.p.m. Annexure-1 is the FIR and Annexure-2 is final report submitted by the police. This Crl.M.C is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri. Siju Kamalasanan, the learned counsel
appearing for the petitioner, Sri. C.S Hrithwik, the learned Public Prosecutor appearing for the State and Sri.A Muhammed Rafi, the learned counsel appearing for the respondents 3 to 5.
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 injured persons/respondents Nos. 3 to 5 have sworn Annexures-3 to 5 affidavits. The aforesaid affidavits indicate that, the matter has been settled and the respondents 3 to 5 have no subsisting grievance against the petitioner herein. They also conveyed that they have no objection in quashing the proceedings
against the petitioner herein. The learned counsel for the respondents 3 to 5/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 respondents 3 to 5 have reiterated that, they do not have any objection in quashing the proceedings as they have 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 is under Section 308
of Indian Penal Code. However, it is discernible from the records that, none of the victims sustained any serious injuries. Moreover, at the relevant time all the petitioners were students of the very same institution. Since all the disputes between them are settled, it is only proper that, the proceedings be quashed against them.
Accordingly, this Crl.M.C. is allowed. All further proceedings pursuant to Annexure-2, final report in Crime No.933/2015 of Kilimanoor Police Station, and all further proceedings in S.C.127/2018 which is now pending before the Assistant Sessions Court, Attingal as against the petitioner are hereby quashed.
Sd/- ZIYAD RAHMAN A.A JUDGE rpk APPENDIX OF CRL.MC 6714/2022 PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF FIR WITH FIS IN CRIME NO.933/2015 OF KILIMANOOR POLICE STATION DATED 7.7.2015 Annexure2 THE CERTIFIED COPY OF FINAL REPORT DATED 29.8.2015 SUBMITTED BY THE SUB INSPECTOR OF POLICE, KILIMANOOR IN CRIME NO.933/2015
Annexure3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT Annexure4 THE 4TH AFFIDAVIT SWORN BY THE RESPONDENT Annexure5 THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT