Kerala High Court
Arsh Ismail vs State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
CRL.MC NO. 3923 OF 2021
Crime No.456/2021 of Kayamkulam Police Station
PETITIONER/1ST 2ND 3RD 4TH 5TH AND 6TH ACCUSED:
1 ARSH ISMAIL
AGED 22 YEARS
S/O. ISMAIL, KADESHERILL HOUSE, PANIPPURA
PADEETATHIL, PRATHANGAMOOD JUNCTION, KAYAMKULAM
MURI, KAYAMKULAM VILLAGE, ALAPPUZHA, PIN-690 502
2 HAFIS ISMAIL
AGED 28 YEARS
S/O. ISMAIL, KADESHERILL HOUSE, PANIPPURA
PADEETATHIL, PRATHANGAMOOD JUNCTION, KAYAMKULAM
MURI, KAYAMKULAM VILLAGE, ALAPPUZHA, PIN-690 502
3 NISHAN
AGED 25 YEARS
S/O.NOUSHAD,NISHAN'S KANNAMPALL BHAGAM, KEERIKKADU
VILLAGE, ALAPPUZHA,PIN-690 508
4 ASHIQ
AGED 23 YEARS
S/O. BASHEER, PANIPPURAYIL , R.C ROAD, KAYAMKULAM
VILLAGE, ALAPPUZHA,PIN-690 501
5 HUBAIS
AGED 20 YEARS
S/O.HUSSAIN, VALUPARAMPIL, MSM COLLEGE JUNCTION,
2
Crl.M.C No.3923 of 2021
KAYAMKULAM P.O., ALAPPUZHA,PIN-690 502
6 RISWAN
AGED 25 YEARS
S/O.SATHAR, YELLOWS NORTH STREET, KAYAMKULAM
VILLAGE, ALAPPUZHA,PIN-690 502
BY ADV K.R.SUNIL
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
THROUGH THE SUB INSPECTOR OF POLICE, KAYAMKULAM
POLICE STATION, KAYAMKULAM , REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-
31
2 FAISAL
AGED 22 YEARS
S/O. KABEER, CHARUMOOTTIL THARAYIL, ERUVA MURI,
KAYAMKULAM, PATHIYOOR VILLAGE, ALAPPUZHA,PIN-690
508
BY ADV AISWARYA VENUGOPAL
ADV.HRITHIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
Crl.M.C No.3923 of 2021
ORDER
The petitioners are accused Nos. 1 to 6 in Crime No.456/2021 of Kayamkulam Police Station which was registered for the offences punishable under Sections 143, 147, 148, 323, 324 and 427 read with Section 149 of Indian Penal Code.
2. The prosecution case is that, on 11.04.2021 at about 11.30 p.m., the defacto complainant, while travelling through the road in front of Kayamkulam Town Mosque in a car bearing registration No. KL 26 D 3315, was stopped by the petitioners herein, and he was assaulted with an iron rode. It was also alleged that the certain damages were caused to the windshield of the car as well. Annexure-A1 is the FIR and registered by the police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure-A1.
3. Heard Sri. K.R Sunil, the learned counsel appearing for the petitioners, Sri. C.S.Hrithwik, the learned Public Prosecutor 4 Crl.M.C No.3923 of 2021 appearing for the State and Smt. Aiswarya Venugopal, the learned counsel appearing for the 2nd 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 2nd 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. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on 5 Crl.M.C No.3923 of 2021 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 FIR in Crime No.456/2021 of Kayamkulam Police Station and all further proceedings as against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk 6 Crl.M.C No.3923 of 2021 APPENDIX OF CRL.MC 3923/2021 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 13.04.2021 IN CRIME NO.0456/2021 REGISTERED BY THE 1ST RESPONDENT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KAYAMKULAM Annexure A2 THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT (DEFACTO COMPLAINT) DATED 18.08.2021