Kerala High Court
Lijesh vs State Of Kerala on 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CRL.MC NO. 3447 OF 2022
C.C. NO.90/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,
ATTINGAL
CRIME NO.2410/2021 OF ATTINGAL POLICE STATON, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NO.1 TO 9:
1 LIJESH
AGED 41 YEARS, S/O. MOHANAN, MELEVILA VEEDU,
NEAR KOCHUKATTUVILA TEMPLE, VILAYILMOOLA, KODUMON,
ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695101
2 BIJU
AGED 43 YEARS, S/O. SUSHEELAN, MELEVILA VEEDU,
VILAYILMOOLA, KODUMON, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN - 695101
3 SUBHASH
AGED 60 YEARS, S/O. BHARGAVAN, MELEVILA VEEDU,
VILAYILMOOLA, KODUMON, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN - 695101
4 PRASAD
AGED 50 YEARS
S/O. SADASIVAN, MELEVILA VEEDU, VILAYILMOOLA, KODUMON,
ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695101
5 BABU
AGED 60 YEARS
S/O. BHASKARAN, CHARUVILA VEEDU, VILAYILMOOLA, KODUMON,
ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
CRL.MC NO. 3447 OF 2022
2
6 MURALI
AGED 65 YEARS, S/O. DEVADASAN, CHARUVILA VEEDU,
VILAYILMOOLA, KODUMON, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN - 695101
7 SASIKUMAR
AGED 54 YEARS, S/O. PADMANABHAN, VILAKKAKATHU
VEEDU, VILAYILMOOLA, KODUMON, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN - 695101
8 PURUSHOTHAMAN
AGED 75 YEARS, S/O. NANU, MELEVILA VEEDU,
VILAYILMOOLA, KODUMON, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
9 SYAMRAJ
AGED 36 YEARS, S/O. NEELAKANDAN, CHARUVILA
VEEDU, VILAYILMOOLA, KODUMON, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
BY ADV P.ANOOP (MULAVANA)
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
STATE OF KERALA
1 REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM PIN - 682031
2 UDAYAKUMAR
S/O. GOPI, SREE KARTHIKA, NEAR KOCHUKATTUVILA
TEMPLE, ATTINGAL VILLAGE, THIRUVANANTHAPURAM
DISTRICT,
(FROM G.V. NIVAZ, NEAR KOCHUKATTUVILA TEMPLE,
ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 682031)
CRL.MC NO. 3447 OF 2022
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BY ADV
ADV.A.CHANDRA BABU
ADV.M.P.PRASANTH-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 3447 OF 2022
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ORDER
The petitioners are the accused Nos.1 to 9 in crime No.2410 of 2021 of Attingal Police Station which is now pending as C.C. No.90/2022 before the Judicial First Class Magistrate Court - I, Attingal. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 447, 427, 294(b), 506(ii) of Indian Penal Code and also under Section 3 read with Section 5 of Kerala Prevention of Damage to Private Property and Payment of Compensation Act.
2. The prosecution case is that, on 10.10.2021 at 2.30 p.m. the petitioners had trespassed into the house of the 2 nd respondent and destroyed the compound wall by breaking the basement thereof and also caused damage to a temporary shed inside the building. Annexure 1 is the final report submitted in this case. This Crl.M.C. filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.P.Anoop Mulavana, learned counsel appearing for the petitioner, Sri.M.P. Prasanth, learned Public CRL.MC NO. 3447 OF 2022 5 Prosecutor appearing for the State and Sri.A.Chandra Babu, learned counsel appearing for the 2nd respondent.
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 2 nd respondent/de facto complainant 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 2 nd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.
CRL.MC NO. 3447 OF 2022 6
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 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 1 Final Report in Crime No.2410/2021 of Attingal Police Station and all further proceedings in C.C.No.90/2022 pending before the Judicial First Class Magistrate Court - I, Attingal as against the petitioners who are the accused Nos.1 to 9 are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE scs CRL.MC NO. 3447 OF 2022 7 APPENDIX OF CRL.MC 3447/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FINAL REPORT IN CC NO.
90/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL ARISING FROM CRIME NO. 2410/2021 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
Annexure2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.