Full Judgment
Crl.M.C.No.7742/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 19TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA, 1944 CRL.MC NO. 7742 OF 2022 AGAINST THE ORDER/JUDGMENTCC 126/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONERS/ACCUSED PERSONS 1 TO 5: 1 ANSAR, AGED 27 YEARS, S/O.ABDUL RASAK, MUDAVINKATTIL HOUSE, PUTHENCHIRA, PULIYILAKUNNU, MALA, THRISSUR, PIN - 680 732. 2 THAJUDHEEN, AGED 43 YEARS, S/O.KINJUMUHAMMED, ANAKOTTU HOUSE, EDATHIRINNI, MUKUNDAPURAM THALUK, THRISSUR DISTRICT, PIN - 680 733. 3 RAMEES, AGED 43 YEARS, S/O.RASHEED, KAKKASSERY HOUSE, KAIPAMANGLAM, MUNNUPEEDIKA, THRISSUR, PIN - 680 681. 4 SADATH, AGED 38 YEARS, S/O.HAMSA, MULLASSERY HOUSE, PERINJANAM, KODUNGALLUR, THRISSUR, PIN - 680 664. Crl.M.C.No.7742/22 2 5 SIYAD RAHMAN, AGED 40 YEARS, S/O.ABDUL RAHMAN, TARUPEEDIKAYIL HOUSE, VELLANGALLUR, MUKUNDAPURAM, THRISSUR, PIN - 680 733. BY ADV D.VIMAL DEV RESPONDENTS/2ND RESPONDENT: 1 STATE OF KEARALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 SINUDEEN, AGED 53 YEARS, S/O.ABDUL RAHIMAN, KATTOOKKARAN HOUSE, KUNNATHERI, MALA, THRISSUR, PIN - 680 732.
BY ADV.SNEHAPRABHA SMT. SREEJA V -Sr.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.7742/22 3
ORDER
Petitioners are accused Nos.1 to 5 in Crime No.890 of 2019 of Mala Police Station, which is now pending as C.C.No.126 of 2020 on the file of the Judicial First Class Magistrate Court, Chalakudy.
2. Offences alleged against the petitioners are under
Sections 143, 147, 148, 506, 294(b) and 149 IPC. The 2 nd respondent is the de facto complainant. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2.
3. Heard Sri.D.Vimal Deve, learned counsel for the petitioners, Smt.Sreeja V., learned Public Prosecutor for the State an Smt.Snehaprabha, learned counsel for the 2nd respondent.
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 2 nd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings Crl.M.C.No.7742/22 4 against the petitioners herein. The learned counsel appearing for the 2nd respondent/de facto complainant 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. In the result, this Crl.M.C. is allowed, and Annexure-A1 FIR submitted in Crime No.890 of 2019 of Mala Police Station and all further proceedings in C.C.No.126 of 2020 on the file of the Judicial First Class Magistrate Court,Chalakkudy, against the petitioners are hereby quashed. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/20.12.22 Crl.M.C.No.7742/22 5 APPENDIX OF CRL.MC 7742/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF FIR NO OF 890 OF 2019 OF MALA POLICE STATION THRISSUR ALONG WITH THE FIRST INFORMATION STATEMENT Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO 126 OF 2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT CHALAKUDY Annexure3 THE AFFIDAVIT FILED BY THE 2ND RESPONDENT