Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 26TH DAY OF OCTOBER 2022 / 4TH KARTHIKA, 1944 CRL.MC NO. 7010 OF 2022 AGAINST THE ORDER/JUDGMENTCC 459/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYOLI PETITIONERS/ACCUSED NOS 1 TO 5: 1 SABIN RAG AGED 22 YEARS S/O. SATHEESAN PANAYULLA KANDY MEETHAL HOUSE, PIN - 673307 2 AKSHAY KRISHNA.A.P. AGED 20 YEARS S/O. RAMAKRISHNAN ALAYULLA PARAMBIL MEETHAL HOUSE, KEEZHARIYUR,. P.O. PIN: 673 307., PIN - 673307 3 RAHUL P.M. AGED 22 YEARS S/O. RAJEEEVAN PANAYULLA KANDY MEETHAL HOUSE, PIN - 673307 4 AAKASH AGED 23 YEARS S/O. RAVEENDRAN PUTHIYADUTH MEETHAL HOUSE, 5 AKHIL.C.M. AGED 24 YEARS S/O. RAMESHAN CHERUKUNNUMMAL MEETHAL HOUSE, BY ADV ZUBAIR PULIKKOOL RESPONDENT/DEFACTO COMPLANANT AND STATE: 1 SHOUKATH.U. AGED 32 YEARS S/O.UMMER, UNTHUMMAL HOUSE, MEPPAYUR.P.O., PIN: 673 524., PIN - 673524 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV HASHIM V.H. ADV SREEJA V- SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are the accused Nos. 1 to 5 in Crime No.338/2020 of Meppayur Police Station which is now pending as C.C 459/2020 before the Judicial First Class Magistrate Court, Payyoli. The offences alleged against the petitioners are punishable under Sections 143, 147, 341, 323 read with Section 149 of Indian Penal Code.
2. The prosecution case is that, on 04.07.2020, at about
22.00 hours, the petitioners formed themselves into an unlawful assembly and in furtherance of their common object, wrongfully restrained the 1st respondent and assaulted him. Annexure-A1 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure-A1.
3. Heard Sri. Zubair Pulikkool, the learned counsel
appearing for the petitioners, Smt. Sreeja V, the learned Public Prosecutor appearing for the State and Sri. Hashim V.H, 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-A2 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. The learned Public Prosecutor pointed out that, the 2 nd petitioner/ 2nd accused is involved in some other cases. However, it is seen that, the offences in which he was involved are not very serious in nature. Moreover, the offences alleged in this present case also are not very serious in nature. In such circumstances, taking into account, I deem it appropriate to quash the proceedings against the petitioners.
6. 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-A1 final report in Crime No.338/2020 of Meppayur Police Station and all further proceedings in C.C.No.459/2020 pending before the Judicial First Class Magistrate Court, Payyoli as against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A JUDGE rpk APPENDIX OF CRL.MC 7010/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 338/2020 OF MEPPAYUR POLICE STATION. Annexure A2 AFFIDAVIT OF R1