Kerala High Court
Ashik vs State Of Kerala on 10 October, 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
Crl.MC.No.6746 OF 2019(C)
C.C NO.553/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
CRIME NO.91/2014 OF Kadinamkulam Police Station ,
Thiruvananthapuram
PETITIONER/ACCUSED:
ASHIK
AGED 23 YEARS
S/O. MAHEEN, PARAYAN VILAKOM, PUTHUKURICHI P.O.,
KADINANKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS/STATE, DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 AFSAL
AGED 26 YEARS
S/O. ANSAR, BUNGLAVIL HOUSE, NEAR MADANVILA PALAM,
MADANVILA, AZHOOR VILLAGE, THIRUVANANTHAPURAM
DISTRICT-695 303.
BY ADVS.
SMT V SREEJA-PUBLIC PROSECUTOR
R2 SRI. A.CHANDRA BABU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6746 OF 2019(C) 2
O R D E R
This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C No.553/2014 on the file of the Court of the Judicial First Class Magistrate-I, Attingal.
2. The petitioner is the sole accused in the aforesaid case. The allegation against him is that he has committed the offences punishable under Sections 341 and 324 IPC. The 2 nd respondent is the victim of the offences allegedly committed by the petitioner. It is submitted that the matter has been settled between him and the petitioner. Therefore, it is prayed that the proceedings against the petitioner in the case may be quashed.
3. Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent and also the learned Public Prosecutor.
4. I have perused the affidavit filed by the 2 nd respondent, who has entered appearance through counsel. It is stated in the affidavit filed by him that the matter has been settled between him and the petitioner and that he has got no grievance against the petitioner and he has no objection to quash the proceedings against the petitioner. I am satisfied that the settlement arrived at between the parties is genuine. There is no Crl.MC.No.6746 OF 2019(C) 3 element of public interest involved in the case. The dispute involved is basically private in nature. In these circumstances, I am satisfied that, 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 exercised to quash the proceedings against the petitioners.
Consequently, the petition is allowed. The entire proceedings against the petitioner in the case C.C No.553/2014 on the file of the Court of the Judicial First Class Magistrate-I, Attingal, based on Crime No.91/2014 of the Kadinamkulam Police Station, are hereby quashed.
Sd/-
R. NARAYANA PISHARADI JUDGE LEK Crl.MC.No.6746 OF 2019(C) 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT CC 553/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ATTINGAL.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL