Kerala High Court
Adarsh vs State Of Kerala on 15 September, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022/24TH BHADRA, 1944
CRL.MC NO. 6187 OF 2022
AGAINST THE ORDER/JUDGMENTCC 907/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,ATTINGAL
PETITIONER/S:
1 ADARSH, AGED 25 YEARS, R.C STREET, BALARAMAPURAM
VILLAGE, BALARAMAPURAM P.O.,
THIRUVANANTHAPURAM., PIN - 695501
2 SACHIN, AGED 23 YEARS
THOPUVILAKAM HOUSE, VADAKKUBAGAM,
KAZHAKUTTAM VILLAGE, KAZHAKUTTAM P.O.,
THIRUVANANTHAPURAM., PIN - 695582
3 ADARSH, AGED 25 YEARS, ANIZHAM HOUSE, KARIYIL
DESOM, KAZHAKUTTAM VILLAGE, KAZHAKUTTAM P.O.,
THIRUVANANTHAPURAM., PIN - 695582
BY ADV GOKUL D. SUDHAKARAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,
KOCHI., PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KAZHAKUTTAM POLICE STATION,
THIRUVANANTHAPURAM., PIN - 695582
3 SARATH, S/O SATHEESAN.S,
SARANYA BHAVANAM, CHENA VILA, VENGODE,
KUDAVOOR P.O., MELTHONNAKKAL,
THIRUVANTHAPURAM., PIN - 695313
BY ADVS.
VAISHNAV DATH S.
adv m p prashanth-sr pp
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 15.09.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.6187/2022
:2 :
ORDER
Dated this the 15th day of September, 2022 The petitioners are accused Nos.1 to 3 in crime No.1031/2017 of Kazhakuttam Police Station, which is now pending as C.C. No.907/2017 before the Judicial First Class Magistrate's Court-II, Attingal. The offences alleged against the petitioners are under Sections 294(b), 341, 323, 324 and 34 of the Indian Penal Code.
2. The prosecution case is that, on 05.07.2017 at 12.30 p.m., the accused persons wrongfully restrained the 3 rd respondent/defacto complainant and assaulted him. Annexure-I is the F.I.R. and Annexure-II is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-II final report.
3. Heard Sri. Gokul D. Sudhakaran, the learned counsel appearing for the petitioners, Sri. M.P. Prasanth, the learned Senior Public Prosecutor for the State and Sri. Vaishnav Dath S., the learned counsel appearing for the 3 rd respondent. Crl.M.C.No.6187/2022 :3 :
4. The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-III affidavit sworn by the 3 rd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3rd respondent 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 3 rd respondent 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 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.
Crl.M.C.No.6187/2022:4 :
In the result, this Crl.M.C. is allowed and Annexure-II final report submitted in crime No.1031/2017 of Kazhakuttam Police Station and all further proceedings in C.C. No.907/2017 on the files of the Judicial First Class Magistrate's Court-II, Attingal, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE ncd Crl.M.C.No.6187/2022 :5 : APPENDIX OF CRL.MC 6187/2022 PETITIONER ANNEXURES Annexure-I CERTIFIED COPY OF THE FIR IN CRIME NO.1031/2017 OF KAZHAKUTTAM POLICE STATION DATED 07-07-2017 Annexure-II CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1031/2017 FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, ATTINGAL DATED 23-10-2017 Annexure-III THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 02-08-2022