Kerala High Court
Premlal vs State Of Kerala on 6 September, 2022
Author: P. V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF SEPTEMBER 2022 / 15TH BHADRA, 1944
CRL.MC NO. 5760 OF 2022
AGAINST THE ORDER/JUDGMENT CC 378/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS, ATTINGAL (TEMPORARY)
PETITIONER/S:
1 PREMLAL
AGED 28 YEARS
JALAJA MANDIRAM,MATHAYI DESOM,VENALLOOR
VILLAGE,TRIVANDRUM., PIN - 695607
2 MOHANRAJ
AGED 35 YEARS
JALAJA MANDIRAM,MATHAYI DESOM,VENALLOOR
VILLAGE,TRIVANDRUM., PIN - 695607
3 VISHNU
AGED 27 YEARS
SUDEVA VILASOM,ALATHUMKAVU,VENALLOOR,TRIVANDRUM, PIN -
695607
4 PREMRAJ
AGED 29 YEARS
JALAJA MANDIRAM, MATHAYI DESOM,VENALLOOR
VILLAGE,TRIVANDRUM., PIN - 695607
BY ADVS.
S.K.ADHITHYAN
KEERTHI S. JYOTHI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTER,HIGH COURT OF
KERALA ,ERNAKULAM, PIN - 682031
2 GOKUL
AGED 25 YEARS
PADIJAREVILA
VEEDU,MANDAPAKUNNU,KEEZHPEROOR,TRIVANDRUM,, PIN -
695601
3 UNNIKRISHNAN
AGED 25 YEARS
KIZHAKKEVEETTIL, KEEZHPEROOR,VELLAVOOR P.O
THIRUVANANTHAPURAM, PIN - 695601
4 AKHIL PRAKASH
AGED 23 YEARS
ENNSSERY VEEDU
Crl.M.C No.5760 of 2022
2
PONGANADU,KILIMANOOR,VELLALLUR,THIRUVANANTHAPURAM,
PIN - 695601
BY ADV GOKUL D. SUDHAKARAN
OTHER PRESENT:
GP REKHA S.(SR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.5760 of 2022
3
P. V. KUNHIKRISHNAN, J.
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CRL.M.C No. 5760 of 2022
===========================
Dated this the 6th day of September, 2022
ORDER
The petitioners are the accused in C.C No. 378/2020 on the files of the temporary Judicial First Class Magistrate Court-III, Attingal. The above case is charge sheeted against the petitioners alleging offence punishable under Sections 341, 294(b), 323, 324, r/w Section 34 of the Indian Penal Code. The petitioners are accused no. 1 to 4.
2.When this case came up for consideration, the learned counsel for the petitioners submitted that the entire dispute between the petitioners and the victims in this case are settled out of court. The learned counsel appeared for respondents 2 to 4, who are the victims in this case submitted that the matter is settled. The Public Prosecutor after getting instructions submitted that the matter is settled. In the light of the same the proceedings can be quashed.
3.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 Crl.M.C No.5760 of 2022 4 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.
Hence this Criminal Miscellaneous case is allowed. All further proceedings in C.C No. 378/2020 on the files of the temporary Judicial First Class Magistrate Court -III, Attingal is quashed.
Sd/-
P. V. KUNHIKRISHNAN JUDGE SJ Crl.M.C No.5760 of 2022 5 APPENDIX OF CRL.MC 5760/2022 PETITIONER ANNEXURES ANNEXURE-1 CERTIFIED COPY OF THE FIR DATED 08-2-2020 IN ON THE FILES OF THE TEMPORARY JUDICIAL MAGISTRATE OF FIRST CLASS COURT-III, ATTINGAL ANNEXURE-2 CERTIFIED COPY OF THE FINAL REPORT IN CC378/2020 ON THE FILES OF TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE COURT- III, ATTINGAL ANNEXURE- 3 ORIGINAL AFFIDAVIT ENDORSED BY 2ND RESPONDENT DATED 08/06/2022 ANNEXURE- 4 ORIGINAL AFFIDAVIT ENDORSED BY 3RD RESPONDENT DATED 08/06/2022 ANNEXURE- 5 ORIGINAL AFFIDAVIT ENDORSED BY 4TH RESPONDENT DATED 08/06/2022