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2022 Supreme(Online)(KER) 31706
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944 CRL.MC NO. 4723 OF 2021 CRIME NO.1482/2020 OF Nadakkavu Police Station, Kozhikode PETITIONER:
VASANTH RAJA.R., AGED 34 YEARS, S/O.RAJENDRAN G., DIVISIONAL MANAGER, FCI DIVISIONAL OFFICE, KOZHIKODE, NADAKKAVU, KOZHIKODE CITY PIN 695 001.
BY ADV R.S.ASWINI SANKAR RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.
2 THE STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT, PIN 695 607.
3 ARUN KUMAR K., AGED 39 YEARS, MANAGER (GENERAL) FCI DIVISIONAL OFFICE, KOZHIKODE, KOZHIKODE CITY PIN 695 001.
BY ADV K.R.PRATHISH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Petitioner is the sole accused in Crime No.1482 of 2020 of Nadakkavu Police Station, which is registered for the offences punishable under Section324 IPC.
2. The prosecution case is that on 05.11.2020 at 10.30 am the petitioner came on a motorbike, voluntarily hit the de facto complainant who is the 3rd respondent herein and caused injuries to him. Annexure-1 is the FIR registered by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant there to.
3. Heard Sri.Aswini Sankar R.S., learned counsel for the petitioner, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.K.R.Prathish, learned counsel for the 3rd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure- 2 affidavit sworn by the 3rd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3rd respondent/de facto complainant 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 3rd respondent/de facto complainant 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.
In the result, this Crl.M.C. is allowed, and Annexure-1 FIR submitted in crime No.1482 of 2020 of Nadakkavu Police Station and all further proceedings thereto, against the petitioner are hereby quashed.
