Kerala High Court
Nayeemudheen vs Vasanthi on 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CRL.MC NO. 2000 OF 2022
CC 103/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, KOZHIKODE
CRIME NO.769/2021 OF KAKKUR POLICE STATION
PETITIONER/ACCUSED:
NAYEEMUDHEEN
AGED 21 YEARS, S/O. RIYAJUDHEEN, THONDIPARAMBATH HOUSE,
KAANKARA, (P.O) CHELANNUR, PIN- 673616,
KOZHIKODE DISTRICT., PIN - 673616
BY ADVS.
SANTHARAM.P
P.G.GOKULNATH
REKHA ARAVIND
RESPONDENT/INFORMANT AND STATE:
1 VASANTHI
AGED 56 YEARS, W/O. ASHOKAN,
CHEMMATTU MEETHAL HOUSE, KANNANKARA
P.O. CHELANNUR, PIN-673616,
KOZHIKODE DIST., PIN - 673616
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV ANOOP JOSEPH
OTHER PRESENT:
ADV. SEENA C-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2000 OF 2022
2
ORDER
The petitioner is accused in Crime No.769/2021 of Kakkur Police Station which was registered for the offences punishable under Section 392 of Indian Penal Code. The said case is pending as C.C. No.103/2022 of Judicial First Class Magistrate Court -III, Kozhikode.
2. The prosecution case is that on 23.11.2021 at 16.45 hours, the accused came on a bike bearing Registration No.KKL-11-AD-2982 and followed the 1st respondent/defacto complainant while she was walking along Kannankara Pattarpalam road and when she reached in front of "M/s.Manoj Industrials" the petitioner snatched a cover containing mobile phone and labour cards. Annexure 1 is the First Information Report and Annexure 2 is the final report submitted in by the Police. This Crl.M.C. is filed for quashing all further prcoceedings pursuant to Annexure 2.
3. Hear Sri.P.Santharam, learned counsel appearing for the petitioner and Smt.Anoop Joseph, learned counsel appearing for the 1 st 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 CRL.MC NO. 2000 OF 2022 3 been settled and to substantiate the same, the injured person has sworn Annexure 3 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioner herein. She has also conveyed that she has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 1st respondent/informant 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 1st respondent 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 CRL.MC NO. 2000 OF 2022 4 case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.
6. It is true that the offence alleged against the petitioner is under Section 392 of Indian Penal Code. It is discernible from the statement of defacto complainant which was recorded by the Station House Officer that, the petitioner has some mental disabilities. Apart from the above no criminal antecedents of the petitioner were brought to my mind. In such circumstances, I am inclined to invoke the jurisdiction 482 of Cr.P.C. despite the offence being one under Section 392 of Cr.P.C.
Accordingly, this Crl.M.C. is allowed. Annexure 2 final report in Crime No.769/2021 of Kakkur Police Station and all further proceedings in C.C.No.103/2022 pending before the Judicial First Class Magistrate Court-III, Kozhikode as against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE scs CRL.MC NO. 2000 OF 2022 5 APPENDIX OF CRL.MC 2000/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF FIR DATED 24.11.2021 IN CRIME NO.769/2021 OF KAKKUR POLICE Annexure2 A CERTIFIED COPY OF FINAL REPORT AND CHARGE DATED 04.02.2022 IN CRIME NO.
769/2021 OF KAKKUR POLICE Annexure3 A NOTARIZED AFFIDAVIT SWORN TO BY 1ST RESPONDENT DATED 18/03/2022 IN THIS REGARD