Kerala High Court
Shameer. J vs State Of Kerala on 24 May, 2022
Crl.MC No.963/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944
CRL.MC NO. 963 OF 2022
[TO QUASH PROCEEDINGS IN CC 106/2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -III,THIRUVANANTHAPURAM]
[CRIME NO.389/2013 OF MUSEUM POLICE STATION]
PETITIONER/S:
SHAMEER. J
AGED 40 YEARS
RESIDING AT AL ABRAR, KADAPPYIL JUNCTION,
PALACKAL, THEVALAKKARA POST, KOLLAM DISTRICT. PIN 690 524
KOLLAM,
BY ADV G.VIDYA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
ERNAKULAM, PIN - 682031
2 BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD.
REPRESENTED BY THE HEAD OF AGENCY SALES,
CENTRAL AND SOUTH KERALA / TAMIL NADU,
KAILASH PLAZA, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 JOJO SAMUEL
AGED 47 YEARS
S/O SAMUEL, RESIDING AT 'JOJO NIVAS',
OPPOSITE TO CSI CHURCH, KANNAMOOLA, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
FOR R2 & R3 BY ADV JESWIN P.VARGHESE
CRL.MC No.963 of 2022 2
OTHER PRESENT:
R1 BY ADV C S HRITHWIK - SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC No.963 of 2022 3
ORDER
The petitioner is the 1st accused in Crime No.389/2013 of Museum Police Station, Thiruvananthapuram which is now pending as C.C.No.106/2018 before the Judicial First Class Magistrate Court-III, Thiruvananthapuram. The offences alleged against the petitioner are under Sections 143,147,149,342 and 323 of the Indian Penal Code (IPC).
2. The Prosecution case is that, the petitioner along with some other persons entered into the office of the 2nd respondent and threatened the employees. Annexure-1 is the F.I.R and Annexure-2 is the final report submitted by the police.
3. This Crl.M.C. is filed for quashing all further proceedings in C.C.No.106/2018 pursuant CRL.MC No.963 of 2022 4 to Annexure-2 final report.
4. Heard Smt. G. Vidya, the learned counsel for the petitioner, Sri. C.S.Hrithwik, the learned Public Public Prosecutor for the State and Sri.Jeswin P. Varghese, the learned counsel for respondents 2 and 3.
5. The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexure-3 and Annexure-4 affidavits sworn by respondents 2 and 3 respectively are produced. The fact of settlement is acknowledged in the aforesaid affidavits and it is also specifically stated that the 2nd and 3rd respondents have no subsisting grievances against the petitioner herein. The 2nd and 3rd respondents have also clearly expressed their no objection in quashing the proceedings against CRL.MC No.963 of 2022 5 the petitioner. The learned counsel appearing for the 2nd and 3rd respondents also confirm the aforesaid settlement and support the prayer sought for by the petitioner. The veracity of the settlement has been examined by the Station House Officer concerned by contacting the 2nd and 3rd respondents.
6. On going through the nature of allegations as contained in Annexure-2 final report, it can be seen that the dispute is basically private in nature. No serious offences are attributed against the petitioner. Considering the settlement arrived at between the parties, the chances of a successful prosecution are very bleak and hence no fruitful purpose would be served if the proceedings are allowed to continue. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab CRL.MC No.963 of 2022 6 and Another [2012(4)KLT 108], this is a fit case in which the powers of this Court under Section 482 Cr.P.C. can be invoked.
Accordingly this Crl.M.C. is allowed. All further proceedings in C.C.No.106/2018 pending before the Judicial First Class Magistrate Court- III, Thiruvananthapuram pursuant to Annexure-2 final report in Crime No.389/2013 of Museum Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A., JUDGE pkk CRL.MC No.963 of 2022 7 APPENDIX OF CRL.MC 963/2022 PETITIONER'S ANNEXURES Annexure1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.
389/2013 REGISTERED AT MUSEUM POLICE STATION, THIRUVANANTHAPURAM DATED 25.03.2013 Annexure2 THE CERTIFIED COPY OF THE FINAL REPORT REGISTERED AS C.C. NO. 106/2018 PENDING ON THE FILES OF JFCM COURT-III, THIRUVANANTHAPURAM Annexure3 THE AFFIDAVIT SWORN BY 2ND RESPONDENT DATED 24.01.2022 Annexure4 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 15.01.2022