Kerala High Court
Krishnan vs The State Of Kerala on 27 August, 2016
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 19TH DAY OF SEPTEMBER 2016/28TH BHADRA, 19382016
Crl.MC.No. 5734 of 2016 ()
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CC 536/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR.
CRIME NO.665/2015 OF POTHUKALLU POLICE STATION,
MALAPPURAM DISTRICT.
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PETITIONERS/ACCUSED:
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1. KRISHNAN, AGED 42 YEARS,
S/O.CHAMI, KANDUKANDATHIL HOUSE,
BHOOTHANAM P.O., NILAMBUR TALUK,
MALAPPURAM DISTRICT.
2. NARAYANANKUTTY, AGED 40 YEARS,
S/O.CHAMI, KANDUKANDATHIL HOUSE,
BHOOTHANAM P.O., NILAMBUR TALUK,
MALAPPURAM DISTRICT.
3. SURESH, S/O.CHAMI
AGED 38 YEARS, KANDUKANDATHIL HOUSE,
BHOOTHANAM P.O., NILAMBUR TALUK,
MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:
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1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
(IN CRIME NO.665/2015 OF
POTHUKALLU POLICE STATION IN
MALAPPURAM DISTRICT).
2. MURALEEDHARAN, AGED 49 YEARS,
S/O.GOVINDAN, PATHALIL HOUSE,
PATHAR P.O.-679325, POTHUKALLU,
NILAMBUR TALUK, MALAPPURAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SRI.M.R.DHANIL
R2 BY ADV. SRI.C.MOHAMED ASHRAF
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19-09-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
Crl.MC.No. 5734 of 2016 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEXURE A1 : TRUE COPY OF THE FINAL REPORT IN CRIME
NO.665/2015 OF POTHUKALLU POLICE STATION.
ANNEXURE A2 : THE ORIGINAL AFFIDAVIT DATED 27-08-2016 SWORN IN
BY THE 2ND RESPONDENT.
ANNEXURE A3 : TRUE COPY OF THE ORDER DATED 25-02-2016 IN
BA 1230/2016 ON THE FILES OF THIS HON'BLE COURT.
RESPONDENT(S)' ANNEXURES: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
RAJA VIJAYARAGHAVAN, V., J.
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Crl.M.C. No.5734 of 2016
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Dated this the 19th day of September, 2016
O R D E R
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1.The petitioners are direct brothers and they are arrayed as accused Nos. 1 to 3 in C.C.No.536 of 2016 on the file of the Judicial Magistrate of First Class, Nilambur. The aforesaid case has originated on the basis of a crime registered at the instance of the 2nd respondent herein alleging offences punishable under Sections 448, 341 and 326 read with Section 34 of the IPC.
2.The gist of the prosecution allegation is that on 14.10.2015 at about 2 p.m., the petitioners criminally trespassed into the house of the 2nd respondent and assaulted him with a wooden log causing injuries.
3.I have heard the learned Counsel appearing for the petitioners, the respondent No.2 and also the learned Public Prosecutor.
Crl.M.C. No.5734 of 2016 -2-
4.It is submitted that disputes have been amicably resolved and the parties are living in peace and harmony. The prayer in this petition is to permit them to continue as such by quashing the proceedings so that the cordial relationship that exists now can continue as such.
5.An affidavit has been filed by the respondent No.2 wherein he asserts that he has settled the matter with the petitioners herein and he has no objection in terminating the proceedings on its basis. Both sides, rely on the decision of the Apex Court in Gian Singh v. State of Punjab ( 2012 (4) KLT 108) to advance their contentions.
6.The learned Public Prosecutor, on instructions, submits that no other cases are reported against the petitioners.
7.I have given my anxious consideration to the submissions made across the Bar and I have also gone through the materials on record. It appears that the offence is entirely personal in nature and do not affect public peace or tranquility. In a case such as the instant one, even if the Crl.M.C. No.5734 of 2016 -3- prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the de facto complainant and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony. I am of the view that proceedings can justifiably be quashed invoking the powers of this Court under Section 482 of the Code .
In the result, this petition is allowed. Annexure-A1 Final report and all proceedings pursuant thereto against the petitioners now pending as C.C.No.536 of 2016 on the file of the Judicial Magistrate of First Class, Nilambur are quashed.
Sd/-
RAJA VIJAYARAGHAVAN, V. JUDGE Ps/19/9/16