Kerala High Court
Kunhammad vs State Of Kerala on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
CRL.MC NO. 1722 OF 2022
CRIME NO.1296/2021 OF VATAKARA POLICE STATON
PETITIONERS/ACCUSED:
1 KUNHAMMAD
AGED 65 YEARS, S/O ABDULLA @ KUNHABDULLA
KANNACHANDIYIL HOUSE, AAYANCHERI P.0,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673541
2 ABDURAHIMAN
AGED 66 YEARS
S/O AMINA, CHERIYAKOROL, AAYANCHERI,
KOZHIKODE DISTRICT, PIN - 673541
3 NAJIL
AGED 31 YEARS
S/O ABDURAHIMAN
CHERIYAKOROL, AAYANCHERI,
KOZHIKODE DISTRICT, PIN - 673541
BY ADV SRUTHY.S
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
VATAKARA POLICE STATION
KOZHIKODE DISTRICT, PIN - 673101
3 SAHEER
AGED 35 YEARS
S/O AMMAD HAJI, KAYAKKOOL HOUSE,
CHEMMARATHUR,
VATAKARA, KOZHIKODE DISTRICT,
PIN - 673104
CRL.MC NO. 1722 OF 2022
2
BY ADVS.
PUBLIC PROSECUTOR
ADV.P.VENUGOPAL
ADV.VIPIN NARAYAN - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 1722 OF 2022
3
ORDER
The petitioners are the accused in Crime No.1296 of 2021 of Vatakara Police Station which was registered for the offences punishable under Sections 341, 323, 324 and 325 read with Section 34 of Indian Penal Code. The aforesaid crime was registered on the basis of information submitted by the 3rd respondent.
2. The prosecution case is that on 16.12.2021 at about 7 a.m., the petitioners wrongfully restrained the 3rd respondent and assaulted him with a wooden stick inflicting grievous injuries to him. Annexure 1 is the First Information Report Registered in this case. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure 1. It is pointed out that during the pendency of this Crl.M.C., the Police completed the investigation and submitted final report which is produced as Annexure 3. The Judicial First Class Magistrate Court, Vatakara has taken cognizance thereon as C.C. No.243/2022.
3. Heard Smt.Sruthy S., learned counsel appearing for the petitioners, Sri.Vipin Narayan, learned Public Prosecutor appearing for the State and Sri.P.Venugopal appearing for the 3rd respondent. CRL.MC NO. 1722 OF 2022 4
4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person has sworn Annexure 2. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 3rd respondent/injured person 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 injured person has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners 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 petitioners herein CRL.MC NO. 1722 OF 2022 5 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 case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.
Accordingly, this Crl.M.C. is allowed. Annexure Annexure 1 First Information Report in Crime No.1296/2021 of Vatakara Police Station and all further proceeding thereon, including the proceedings in C.C. No.243/2022 pending before the Judicial First Class Magistrate Court, Vatakara as against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE scs CRL.MC NO. 1722 OF 2022 6 APPENDIX OF CRL.MC 1722/2022 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE F.L.R REGISTERED BY VATAKARA POLICE N CRIME NO:1296/2021 ALONG WITH FIS Annexure 2 AFFIDAVIT EXECUTED BY THE THIRD RESPONDENT DATED 18-01-2022 Annexure 3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1296/2021