Kerala High Court
Ani P.Rappai vs State Of Kerala on 4 October, 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
Crl.MC.No.6702 OF 2019(G)
AGAINST THE ORDER/JUDGMENT IN CC 1605/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III,THRISSUR
CRIME NO.536/2017 OF Ollur Police Station , Thrissur
PETITIONERS/ACCUSED NO.1 TO 5:
1 ANI P.RAPPAI,
AGED 21 YEARS
S/O.RAPPAI, PAYYAPPILLY HOUSE, VILANGANOOR DESOM,
PEECHI VILLAGE, PEECHI POST, THRISSUR DISTRICT,
PIN - 680 653.
2 ABDUL T.J.,
AGED 20 YEARS
S/O.JAGADEESAN, THOTTIPARAMBIL HOUSE,
VELLAKKARITHADAM DESOM, MANDAMANGALAM VILLAGE,
CHENNAIPARA POST, THRISSUR DISTRICT, PIN - 680 653.
3 SHERIN POULOSE,
AGED 20 YEARS
S/O.POULOSE, THEKINIYATH HOUSE, THEKKEKULAM DESOM,
PEECHI VILLAGE, CHENNAIPARA POST, THRISSUR DISTRICT,
PIN - 680 653.
4 ABRAHAM DAVID,
AGED 21 YEARS
S/O.DAVID, KOOTALA HOUSE, KURIACHIRA DESOM, OLLUR
VILLAGE, KURIACHIRA POST, THRISSUR DISTRICT, PIN -
680 006.
5 JISAN M.J.,
AGED 20 YEARS
S/O.JOY, MENACHERI HOUSE, VILANGANOOR DESOM, PEECHI
VILLAGE, PEECHI POST, THRISSUR DISTRICT,
PIN - 680 653.
BY ADVS.
SRI.K.A.NIDHIN
SMT.K.R.ARUNASREE
Crl.MC.No.6702 OF 2019(G) 2
RESPONDENTS/COMPLAINANT AND DE FACTO COMPLAINT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
2 VISHNUDAS,
AGED 20 YEARS, S/O.HARIDAS, VALIYAVALAPPIL HOUSE,
KRISHNANGAR IVTH STREET, KOLAZHI DESOM, KOLAZHI
VILLAGE, THRISSUR DISTRICT-680 653
3 CHANDU,
AGED 20 YEARS, S/O.SHANKURU, PAINAVALAPPIL HOUSE,
ADATT DESOM, ADATT VILLAGE, THRISSUR DISTRICT-
680 653
4 VISHNU,
AGED 23 YEARS, S/O.VIJAYAN, KURWATHAMEKKUL HOUSE,
PATTAMBI DESOM, PATTAMBI VILLAGE, PALAKKAD
DISTRICT-679 303
BY ADVS.
SMT V SREEJA -PUBLIC PROSECUTOR
R2-R4 SRI.SREERAJ M.D.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6702 OF 2019(G) 3
O R D E R
This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C.No.1605/2017 on the file of the Court of the Judicial First Class Magistrate-III, Thrissur.
2. The petitioners are accused nos.1 to 5 in the aforesaid case. The allegation against them is that they have committed the offences punishable under Sections 143, 147, 148, 341, 324, 323, 294 and 506 r/w 149 IPC. The respondents 2 to 4 are the victims of the offences allegedly committed by the petitioners. It is submitted that the matter has been settled between them and the petitioners. Therefore, it is prayed that the proceedings against the petitioners may be quashed.
3. Heard the learned counsel for the petitioners and the learned counsel for the respondents 2 to 4 and also the learned Public Prosecutor.
4. I have perused the affidavits filed by respondents 2 to 4, who have entered appearance through counsel. It is stated in the affidavits filed by them that the entire dispute between them and the petitioners has been settled and that they have no objection to quash the proceedings against the petitioners. I am satisfied that the settlement arrived at between the parties is genuine. There is Crl.MC.No.6702 OF 2019(G) 4 no element of public interest involved in the case. The dispute between the parties is basically private in nature. Continuation of the proceedings against the petitioners will not serve any useful purpose as the possibility of conviction against them is remote and bleak. I am satisfied, in the light of the principles laid down by the Apex Court in Prabatbhai Aahir v. State of Gujarat (AIR 2017 SC 4843), that this is a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners.
In the result, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.1605/2017 on the file of the Court of the Judicial First Class Magistrate-III, Thrissur are hereby quashed.
Sd/-
R. NARAYANA PISHARADI JUDGE LEK Crl.MC.No.6702 OF 2019(G) 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.536 OF 2017 OF OLLUR POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.536 OF 2017 OF OLLUR POLICE STATION.
ANNEXURE A3 AFFIDAVIT DATED 23/09/2019 EXECUTED BY THE 2ND RESPONDENT/DEFACTO COMPLAINT AND OTHER INJURES.