Kerala High Court
Anoop vs State Of Kerala on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
CRL.MC NO. 2476 OF 2022
CRIME NO.1163/2016 OF Mannar Police Station, Alappuzha
CC 6124/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONER/ACCUSED:
ANOOP
AGED 34 YEARS
S/O PURUSHOTHAMAN, ARUN BHAVAN, KUTTEMPEROOR P.O,
MANNAR,ALAPPUZHA, PIN - 689623
BY ADVS.
ADV P.VINODKUMAR
ADV ASHOK AMMANCHY
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
2 SANDHYA SURENDRAN
AGED 48 YEARS
W/O SURENDRAN, UZHATHIL HOUSE,KURUTTISSERY P.O,
MANNAR, ALAPPUZHA, PIN - 689622
BY ADVS.
Public Prosecutor
ADV PARVATHI VENUGOPAL
ADV SEENA C - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2476 OF 2022
2
ORDER
The petitioner is the sole accused in C.C. No.6124/2016 on the files of the Judicial First Class Magistrate Court I, Chengannur which arises from Crime No.1163/2016 of Mannar Police Station. The offences alleged against the petitioner are under Sections 294(b), 447 and 324 of Indian Penal Code.
2. The prosecution case is that on 19..09.2016 the petitioner abused the 2nd respondent / defacto complainant and assaulted her. Annexure A1 the Final Report submitted by the Police. This Crl.M.C. is filed by the petitioner for quashing all further proceedings pursuant to Annexure A1.
3. Heard Sri.P.Vinodkumar, learned counsel appearing for the petitioner, Smt.Seena C., learned Public Prosecutor for the State and Smt.Parvathi venugopal appearing for the 2nd respondent.
4. The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the defacto complainant has sworn Annexure A2 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the defacto CRL.MC NO. 2476 OF 2022 3 complainant has no subsisting grievance against the petitioner herein. She also conveyed that she has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 2nd respondent/defacto complainant 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 defacto complainant has reiterated that, she does not have any objection in quashing the proceedings as she has no subsisting grievance against the petitioner herein.
5. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner 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 CRL.MC NO. 2476 OF 2022 4 of this Court under Section 482 of the Code of Criminal Procedure can be invoked.
Accordingly, this Crl.M.C. is allowed. Annexure A2 final report in Crime No.1163/2016 of Mannar Police Station and all further proceedings in C.C. No.6124/2016 pending before the Judicial First Class Magistrate Court I, Chengannur as against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE scs CRL.MC NO. 2476 OF 2022 5 APPENDIX OF CRL.MC 2476/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.6124/16 BEFORE THE JFMC-1, CHENGANNUR Annexure A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT