Kerala High Court
Ajayan N vs State Of Kerala on 6 June, 2022
Crl.M.C.No.2210/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944
CRL.MC NO. 2210 OF 2022
PETITIONERS:
1 AJAYAN N.,
AGED 44 YEARS,
NELLIYODAN HOUSE, KUNHIMANGALAM,
PAYYANNUR, KANNUR, PIN - 670 309.
2 RATHEESH M.,
MOUVANAL HOUSE, PULIYACODE, EADAT,
PAYYANNUR, KANNUR, PIN - 670 309.
3 RAGIN P.K,
NANIYIL HOUSE, THAMARAKULANGARA, PAYYANUR,
KANNUR, PIN - 670 309.
4 PRAKASHAN P V
PUTHIYA VEETIL HOUSE, PAANACHIRA, KUNJIMAGALAM,
KANNUR, PIN - 670 309.
5 ANAND P V
PUTHIYA VEETIL HOUSE, PAANACHIRA,
KUNJIMAGALAM, KANNUR, PIN - 670 309.
BY ADV SHYAM NAIR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 T.P MUSHTAFA,
AMINA MANZIL, KUNHIMANGALAM, PAYYANNUR,
Crl.M.C.No.2210/22 2
KANNUR, PIN - 670 309.
3 MUHAMMED SHAREEF,
AGED 59 YEARS,
MUSALIYARKATH HOUSE, KUNHIMANGALAM,
ANGADI, PAYYANNUR, KANNUR, PIN - 670 309.
4 MUHAMMED ARIF V.P.
AGED 55 YEARS,
VADAKKE PURAYIL, KUNHIMANGALAM, ANGADI,
PAYYANNUR, KANNUR, PIN - 670 309.
5 RASHID P.P,
AGED 40 YEARS,
PADINHARE PURAYIL, KOYAPPARA, KUNHIMANGALAM,
PAYYANNUR, KANNUR, PIN - 670 309.
6 ABDULLA K.P.,
AGED 37 YEARS,
KURUVAT PURAYIL HOUSE, MOOSARIKOVAL, KUNHIMANGALAM,
PAYYANNUR, KANNUR, PIN - 670 309.
7 ASSAINAR P.,
AGED 63 YEARS,
POOKA HOUSE, KUNHIMANGALAM AMASOM, ANGADI DESOM,
PAYYANNUR, KANNUR, PIN - 670 309.
BY ADV SHIJU PUTHIYA PURAYIL
PRASANTH.M.P- PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2210/22 3
ORDER
The petitioners are the accused Nos.1 to 5 in Crime No.1108 of 2020 of Payyannur Police Station, which is now pending as C.C.No.817 of 2021 before the Judicial First Class Magistrate Court, Payyannur. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326, 427 read with 149 IPC and also offence under Section 3 and 5 of Prevention of Damaging to Private Property Act, 1984.
2. The prosecution case is that, on 14.12.2020 at 19.00 hours, due to political rivalry, the petitioners wrongfully restrained the respondents 2 to 4 and attacked them with deadly weapons and in the said attack the 2 nd respondent sustained injuries on his teeth. It was also alleged that the petitioners have caused damages to the autorickshaws belonging to the 5th and 6th respondents and also caused damages to the plastic chair in the 7 th respondent's shop. Annexure-A1 is the FIR and Annexure-A2 is the Final Report submitted in this case. In connection with the very same incident, Crime No.1109 of 2020 was also registered on the basis of complaint submitted by the rival faction of the petitioners herein. Crl.M.C.No.2210/22 4 This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2 Final Report.
3. Heard Sri.Syam Nair, learned counsel for the petitioner, Sri.M.P.Prasanth, learned Public Prosecutor for the State and Sri.Shiju Puthiyapyrayil, learned counsel for the respondents 2 to 7.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexures-A3 to A8 affidavits sworn by the respondents 2 to 7 are filed along with this Crl.M.C to substantiate the settlement. In the said affidavit, the respondents 2 to 7 had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 2 to 7 also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be Crl.M.C.No.2210/22 5 quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.
6. It is true that one of the offences alleged against the petitioners are under Section 326 IPC. However, on perusal of the records, it is seen that the injury sustained to the 2 nd respondent is loss of one teeth only and this was the reason for alleging offence under Section 326 of IPC. Apart from the above, in respect of the very same incident another crime is also registered on the basis of the complaint submitted by the petitioners herein against the rival faction. Challenging the aforesaid proceeding, Crl.M.C.No.2178 of 2022 was filed by the accused therein. Today both the cases are taken up together and in both the above cases proceedings are sought to be quashed on the basis of the settlement, mutually arrived at between the rival factions. Considering the facts and circumstances of the case, I am of the view that in order to ensure a proper settlement and to maintain peace among the rival factions, it is only appropriate that both the cases be quashed even, though one of the offences alleged against the petitioner is under Section 326 IPC. Crl.M.C.No.2210/22 6
In the result, this Crl.M.C. is allowed, and Annexure-A2 final report submitted in crime No.1108 of 2020 of Payyannur Police Station and all further proceedings in C.C.No.817 of 2021 on the file of the Judicial First Class Magistrate Court, Payyannur, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/8.6.22 Crl.M.C.No.2210/22 7 APPENDIX OF CRL.MC 2210/2022 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR AND FIS OF PAYYANUR POLICE STATION IN CRIME NO. 1108 OF 2020 Annexure2 A TRUE COPYOF FINAL REPORT IN CRIME NO.
1108/2020 OF PAYYANNUR POLICE STATION Annexure3 AFFIDAVIT DATED 23-03-2022 SWIRN IN BY THE 2ND RESPONDENT Annexure4 AFFIDAVIT DATED 23-03-2022 SWORN IN BY THE 3RD RESPONDENT Annexure5 AFFIDAVIT DATED 23-03-2022 SWORN IN BY THE 4TH RESPONDENT Annexure6 AFFIDAVIT DATED 23-03-2022 SWORN IN BY THE 5TH RESPONDENT Annexure7 AFFIDAVIT DATED 23-03-2022 SWORN IN BY THE 6TH RESPONDENT Annexure8 AFFIDAVIT DATED 23-03-2022 SWORN IN BY THE 7TH RESPONDENT