Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 2ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943 CRL.MC NO. 3647 OF 2021 (AGAINST CRIME NO.90/2018 OF NADAPUARAM POLICE STATION, KOZHIKODE DISTRICT, PENDING AS CC.638/2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM) PETITIONERS/ACCUSED NO.1 TO 4: 1 AKHIL AGED 26 YEARS S/O. ASHOKAN, KIZHAKKAYPARAMBATH, VISHNUMANGALAM, KALACHI, 2 SHINU, S/O.NANU, NEELAMPARATH HOUSE, VISHNUMANGALAM, KALACHI, 3 ATUL.O.P, S/O.RAJU, VISHNUMANGALAM, KALACHI, 4 SHINOOB, S/O ASHOKAN, TAHAZHAKUNNIYULLATHIL, VISHNUMANGALAM ,KALACHI, BY ADV SHARAN SHAHIER RESPONDENT/STATE AND DEFACTO COMPLAINANTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 SUNIL.P, S/O KUMARAN, AGED 35 YEARS, PARAMBANDAVIDA HOUSE, CHELAKKAD, KALLACHI, NADAPURAM, KOZHIKODE-673504. 3 NISHEED KUMAR.K, S/O K.BALAN, AGED 35 YEARS, CHANDRATH THAZHEKUNI HOUSE, CHELAKKAD, KALLACHI.P.O, KOZHIKODE. 4 V.M.KUMARAN, AGED 63 YEARS S/O KANNAN, KUNJIPURAYIL THAZHEKUNI HOUSE, CHELAKKAD, POOCHARIMUKKU, KOZHIKODE. BY ADV MINTU CHERIYAN SR.PP - SRI. HRITHWIK C.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Accused Nos.1 to 4 in C.C.No.638/2018 pending before the Judicial First Class Magistrate Court, Nadapuram have moved this Court under Section 482 of the Cr.P.C seeking to quash the entire proceedings pursuant to Annexure A1 FIR. The crime was registered on 17.02.2018 alleging offence punishable under Sections 143, 147, 148, 341, 323, 324 and 326 read with Section 149 of the IPC against five accused persons. It is submitted that one of the assailants was juvenile in conflict with law, against whom separate final report has been laid before the Juvenile Justice Board. It is submitted that the petitioners face trial before the court on the above said charges.
2. Now, it is submitted that the matter has been settled with the
defacto complainant and other injured persons and that they do not want to pursue the proceedings. In support of the contentions, affidavits sworn by respondents 2 to 4, who are the defacto complainant and the injured have also been produced.
3. I heard the learned counsel for the petitioners and also the
learned Senior Public Prosecutor representing the first respondent. According to him, even though one of the injured had sustained grievous hurt, he has been sufficiently compensated by the petitioners and that the State also has no objection in quashing the proceedings.
4. The affidavits filed by respondents 2 to 4, who are the injured
in the crime, clearly indicate that they have no objection in quashing the proceedings. Recording the averments in the affidavits, the proceedings can be quashed. Even though offence under Section 326 of the IPC also is involved, it is evident that the incident was the result of feud between private individuals, by settling such a dispute, no public interest is hampered. Moreover in such cases, if the parties themselves are settling the dispute, the court cannot refuse to exercise its jurisdiction under Section 482 of the Cr.P.C. In the circumstances, all proceedings in C.C.No.638/2018 pending before the Judicial First Class Magistrate Court, Nadapuram are hereby quashed. Crl.M.C is allowed as above. Sd/- K.HARIPAL JUDGE Jms/02.09 //True Copy// P.A to Judge APPENDIX OF CRL.MC 3647/2021 PETITIONERS' ANNEXURE Annexure A1 ACCUSED COPY OF THE CHARGESHEET IN CRIME NO.90/2015 OF THE NADAPURAM POLICE STATION.
Annexure A2 AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINT 1. Annexure A3 AFFIDAVIT SWORN BY THE CW2 Annexure A4 AFFIDAVIT SWORN BY THE CW3.