Kerala High Court
Gireesan vs State Of Kerala Represented By The ... on 20 April, 2021
Equivalent citations: AIRONLINE 2021 KER 932
Author: K.Haripal
Bench: K.Haripal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943
Crl.MC.No.1432 OF 2020(H)
CRIME NO.608/2019 OF VALAYAM POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED NOS.1 TO 6:
1 GIREESAN, AGED 38 YEARS,
S/O. KORAN, KATTIPARAMBATH (H),
BHOOMIVATHUKKAL, VALAYAM,
KOZHIKODE DISTRICT, PIN-673 517
2 MAHESH, AGED 40 YEARS,
S/O. KUMARAN, KUNHIPARAMBATH (H), BHOOMIVATHUKKAL,
VALAYAM, KOZHIKODE DISTRICT, PIN-673 517
3 RAJAN, AGED 45 YEARS,
S/O. KANNAN, VALAKKALPARAMB (H),
BHOOMIVATHUKKAL, VALAYAM,
KOZHIKODE DISTRICT, PIN-673 517
4 SANAL, AGED 36 YEARS,
S/O. KUNHIKANNAN, MUTHUKUTTY,
CHUZHALI POST, VALAYAM,
KOZHIKODE DISTRICT, PIN-673 517
5 SREEDHARAN, AGED 55 YEARS,
S/O. POKKAN, MANJANTHARA (H), BHOOMIVATHUKKAL,
VALAYAM, KOZHIKODE DISTRICT, PIN-673 517
6 SURENDRAN, S/O. KANARAN, CHUZHALI (H),
CHUZHALI POST, VALAYAM,
KOZHIKODE DISTRICT, PIN-673 517
BY ADVS.
SRI.P.N.SUKUMARAN
SRI.AKHIL S.VISHNU
SHRI.SOORAJ S
RESPONDENT/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,PIN-682 031
Crl.MC.No.1432 OF 2020(H) 2
2 STATION HOUSE OFFICER, VALAYAM POLICE STATION
VALAYAM, KOZHIKODE DISTRICT, PIN-673 517
3 VIJEESH, AGED 33 YEARS,
S/O. BALAN, VATAKEKNADUKKANDIYIL,
BHOOMIVATHUKKAL P.O,
KOZHIKODE DISTRICT, PIN-673 517
R3 BY ADV. JAISON JOSEPH
PUBLIC PROSECUTOR - SMT. MAYA M.N.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1432 OF 2020(H) 3
ORDER
Petitioners are accused Nos. 1 to 6 in Crime No.608/2019 of the Valayam Police Station, Kozhikode Rural, which was registered on the basis of the First Information Statement given by the 3 rd respondent alleging offence punishable under Sections 143,147,148,324,308 r/w Section 149 of IPC. Now the petitioners contend that the matter has been settled with the defacto complainant and therefore, they seek to quash the proceedings under Section 482 Cr.P.C.
2. Heard the learned counsel on both sides and also the learned Public Prosecutor.
3. The 3rd respondent/the defacto complainant has filed an affidavit also, appended to the petition, vouching that the matter has been settled and that he has no intention to pursue the proceedings. He has no objection in quashing Annexure-1 also.
Crl.MC.No.1432 OF 2020(H) 4
4. The learned Public Prosecutor also stated that his statement has been recorded, the investigation is over and a final report has been laid and the case is now at committal stage.
5. The third respondent is the only injured in the incident. By virtue of the affidavit filed by him it is very obvious that the matter has been settled between the parties. The Hon'ble Apex Court has held in innumerable cases that when the parties themselves reach a settlement, the High Court shall not refuse to exercise its jurisdiction under Section 482 Cr.P.C. or Article 226 of the Constitution of India. Here from the version of the third respondent it is clear that the matter has been settled and if the proceedings are allowed to continue it would be a futile exercise. Notwithstanding the seriousness of the crime, when the parties themselves reach a settlement, a successful prosecution would not be possible. Since the very defacto complainant himself favor quashment of the proceedings, it would be idle to send the parties for trial.
Crl.MC.No.1432 OF 2020(H) 5
6. Therefore, it is an eminently fit case for quashing the criminal proceedings. Accordingly, the Crl.M.C. is allowed.
Sd/-
K.HARIPAL JUDGE msp Crl.MC.No.1432 OF 2020(H) 6 APPENDIX PETITIONER'S/S ANNEXURES:
ANNEXURE-1 TRUE COPY OF THE FIR IN CRIME NO 608/2019 OF VALAYAM POLICE STATION ANNEXURE-2 AFFIDAVIT SWORN BY THE THIRD RESPONDENT RESPONDENTS ANNEXURES:NIL //TRUE COPY// P.A. TO JUDGE