Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944 AGAINST THE ORDER/JUDGMENT IN CC 1024/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOCHI CRIME NO.329 OF 2011 OF NJARACKAL POLICE STATION, ERNAKULAM DISTRICT PETITIONER/1ST ACCUSED: JERRY AGED 30 YEARS S/O. JAMES, PULLAN HOUSE, NAYARAMBALAM KARA, NAYARAMBALAM VILLAGE, ERNAKULAM DISTRICT, PIN - 682509 BY ADV MEGHA K.XAVIER RESPONDENT/CIMPLAINANT AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 RAJESH AGED 29 YEARS S/O.MURUKAN, AGED 29 YEARS, AMBIKA BHAVAN HOUSE, VALAPPU KARA, ELAKKUNNAPPUZHA VILLAGE, ERNAKULAM, PIN - 682511 BY ADVS. PUBLIC PROSECUTOR M.X.ANTONY LIJO OTHER PRESENT: ADV M P PRASHANTH- PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ZIYAD RAHMAN A.A., J.
======================== Crl.M.C.No.7665 of 2022 ========================= Dated this the 21st day of November, 2022
ORDER
The petitioner is the 1st accused in Crime No.329 of 2011 of Njarackal Police Station, Ernakulam District, which is now pending as C.C. No.1024 of 2018 on the files of the Judicial First Class Magistrate Court, Njarackal. The offences alleged against the petitioner and other accused persons are under Sections 341, 323 and 324 read with Section 34 of Indian Penal Code, 1860.
2. The prosecution case is that, on 23.03.2011 at about 12.45 hours, while the 2nd respondent/de facto complainant was traveling in a bus, the petitioner along with 3 other identifiable
persons entered into the bus and assaulted the 2nd respondent/de facto complainant, thereby causing injuries. Annexure-A1 is the FIR and Annexure-A2 is the final report. Annexure-A3 is the affidavit sworn by the 2 nd respondent/defacto complainant. This Criminal M.C is filed for quashing all further proceedings in Annexure-A1 FIR and Annexure-A2 final report.
3. Heard Smt. Megha K.Xavier, the learned Counsel
appearing for the Petitioner, Sri. M.P.Prashanth, the learned Public Prosecutor for the state and Sri. M.X.Antony Lijo, the learned Counsel appearing for the 2 nd respondent/de facto complainant.
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 2nd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2nd respondent/de facto complainant 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 2nd respondent/de facto complainant also
confirms the same. The learned Public Prosecutor, upon instructions, pointed out that, the petitioner has involved in 3 other crimes and the crimes were registered in the year 2011-12. The learned Public Prosecutor also reported that, out of three crimes only in one crime is the serious offence under Section 326 of IPC was included. Moreover, in this case, the offences are not
very serious. In such circumstances, taking note of the settlement, I am inclined to invoke the jurisdiction of this Court under Section 482 of Cr.P.C.
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-A1 FIR submitted in Crime No.329 of 2011 of Njarackal Police Station, Ernakulam District and all further proceedings in C.C. No.1024 of 2018 on the files of the Judicial First Class Magistrate Court, Njarackal, against the petitioner are hereby quashed.
Sd/- ZIYAD RAHMAN A.A. JUDGE LU APPENDIX OF CRL.MC 7665/2022 PETITIONER ANNEXURES : ANNEXURE A1 TRUE COPY OF FIR DATED 23/03/2011 IN CRIME NO. 329/2011 OF NJARACKAL POLICE STATION ALONG WITH FIS ANNEXURE A2 TRUE COPY OF FINAL REPORT IN CRIME NO.329/2011 OF NJARACKAL POLICE STATION DATED 30/5/2011 ANNEXURE A3 AFFIDAVIT DATED 14/10/2022 OF 2ND RESPONDENT // True Copy // PA To Judge