San Backer vs Manu P

San Backer vs MANU P

Type Court Judgment Court Kerala Decided Nov 22, 2022

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https://sooperkanoon.com/case/1566549

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Citation: sooperkanoon.com/1566549
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Nov 22, 2022
Case Number: Crl.MC/7703/2022

Parties & Advocates

Appellant / Petitioner

San Backer

Respondent

MANU P

Excerpt

.....police station, which was registered for the offences punishable under sections 341, 294(b) and 324 of the indian penal code.2. the allegation against the petitioner is that, on14.09.2022 at 6 p.m., due to enmity of accused towards the defacto complainant, who is an advocate clerk, trespassed into the office of the defacto complainant and assaulted him. annexure-a is the f.i.r. registered by the police. this crl.m.c. is filed for quashing all further proceedings pursuant to annexure-a f.i.r.3. heard sri. s.a. anand, the learned counsel appearingfor the petitioner, sri. c.s. hrithwik, the learned senior public prosecutor for the state and sri. s. aravind, the learned counsel appearing for the 2nd respondent. :3 :4. the prayer for quashing the proceedings is soughtmainly on the ground that the dispute between the parties has been settled. annexure-b affidavit sworn by the 2nd respondent is filed along with this crl.m.c. to substantiate the settlement. in the said affidavit, the 2nd 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 2nd 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 purelyprivate 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. :4 : in the result, this crl.m.c. is allowed and annexure-a f.i.r. submitted in crime no.2518/2022 of changanassery police station.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944 CRL.MC NO. 7703 OF 2022 AGAINST THE ORDER/JUDGMENTCR 2518/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY PETITIONER/S: SAN BACKER AGED 30 YEARS S.O. ABUBACKER SIDDHIQUE, KANDATHIL HOUSE, ATTAPPALLAM P.O. KUMALI, IDUKKI DISTRICT., PIN - BY ADVS. S.A.ANAND NINU M.DAS SHONE GEORGE BINEESH KODIYERI RESPONDENT/S:
1 MANU P AGED 38 YEARS S/O. KOCHUKUNJU, ANAKUZHI HOUSE ANAKUZHI BHAGOM MALAKUNNAM PO KURICHY KOTTAYAM, PIN - 686532 2 STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA , PIN - 682031 BY ADV S.ARAVIND SR. P.P. SRI. C.S HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: :2 :

ORDER

Dated this the 22nd day of November, 2022 The petitioner is the accused in crime No.2518/2022 of Changanassery Police Station, which was registered for the offences punishable under Sections 341, 294(b) and 324 of the Indian Penal Code.

2. The allegation against the petitioner is that, on

14.09.2022 at 6 p.m., due to enmity of accused towards the defacto complainant, who is an Advocate Clerk, trespassed into the office of the defacto complainant and assaulted him. Annexure-A is the F.I.R. registered by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A F.I.R.

3. Heard Sri. S.A. Anand, the learned counsel appearing

for the petitioner, Sri. C.S. Hrithwik, the learned Senior Public Prosecutor for the State and Sri. S. Aravind, the learned counsel appearing for the 2nd respondent. :3 :

4. The prayer for quashing the proceedings is sought

mainly on the ground that the dispute between the parties has been settled. Annexure-B affidavit sworn by the 2nd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2nd 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 2nd 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. :4 : In the result, this Crl.M.C. is allowed and Annexure-A F.I.R. submitted in crime No.2518/2022 of Changanassery Police Station and all further proceedings pursuant thereto, against the petitioner are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :5 : APPENDIX OF CRL.MC 7703/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF FIR IN CRIME NO. STATION Annexure B AFFIDAVIT OF THE DE FACTO COMPLAINANT STATING THAT HE IS NOT INTENDING TO PROCEED AGAINST THE PETITIONER

Same Court & Year Kerala · 2022 Same Parties San Backer vs MANU P Same Judge Honourable Mr.Justice Ziyad Rahman a.a.