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2023 Supreme(Online)(KER) 26174
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 5TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944
CRL.MC NO. 9020 OF 2022
CRIME NO.353/2017 OF MANJERI POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NOS. 1 TO 5:
1
MUHAMMED SALIH
AGED 38 YEARS
S/O ALAVI,MANAPPADAN (H), MANJERI,
KIZHAKKETHALA,MANJERI COLLEGE (PO) MANJERI,
MALAPPURAM (DT), PIN - 676122
2
SHAJAHAN
AGED 40 YEARS
S/O MOIDEENKUTTY,
MANAPPADAN (H), MANJERI, KIZHAKKETHALA,
MANJERI COLLEGE (PO) MANJERI,
MALAPPURAM (DT) , PIN - 676122
3
MUHAMMED SAYID
AGED 28 YEARS
S/O MUHAMMEDALI,
MANAPPADAN (H), MANJERI, PAYYANAD,
PAYYANAD (PO) MANJERI,
MALAPPURAM (DT), PIN - 676122
4
SAIFUDHEEN
AGED 32 YEARS
S/O ABU,
CHOLAKKAL (H) , MANJERI, KIZHAKKETHALA,
MANJERI COLLEGE (PO) MANJERI,
MALAPPURAM (DT), PIN - 676122
5
SHIHABUDEEN
AGED 38 YEARS
S/O KUNJUMUHAMMED,
THORAPPA (H), MANJERI, KIZHAKKETHALA,
MANJERI COLLEGE (PO) MANJERI,
MALAPPURAM (DT), PIN - 676122
BY ADV MAHBOOB ARUVEETTIL
RESPONDENTS/COMPLAINANT:
1
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2
SHAFEEQ N.K
AGED 37 YEARS
SAINUDEEN,
CRL.MC NO. 9020 OF 2022
2
NADUVILAKALATHIL (H), PUTHIYAGADI,
THURAKKAL, NARUKARA (PO)
MANJERI, MALAPPURAM (DT), PIN - 676123
BY ADVS.
PUBLIC PROSECUTOR
RAJAN KUDUMBATHIL
SRI. VIPIN NARAYANAN. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 9020 OF 2022
3
ZIYAD RAHMAN A.A., J.
========================
Crl.M.C.No. 9020 of 2022
=========================
Dated this the 5th day of January, 2023
Criminal proceedings can be quashed under Section 482 Cr.P.C. when the dispute is private in nature and the settlement renders the prosecution futile.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - SETTLEMENT OF DISPUTE
Fact of the Case:
The petitioners were accused of offenses under Sections 341, 323, and 324 read with Section 34 of the Indian Penal Code. The dispute arose from a private matter, and the parties had since settled their differences.
Finding of the Court:
The court found that the dispute was purely private in nature and that no fruitful purpose would be served by allowing the prosecution to continue.
Issues: Whether the criminal proceedings could be quashed in light of the settlement between the parties.
Ratio Decidendi: The court relied on the principles laid down by the Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], which held that proceedings can be quashed under Section 482 Cr.P.C. when the dispute is private in nature and the settlement renders the prosecution futile.
Final Decision: The court allowed the petition and quashed the criminal proceedings against the petitioners.
O R D E R
The petitioners are the accused Nos.1 to 5 in Crime No.353 of 2017 of Manjeri Police Station, which is now pending as C.C.No.872/2017 on the files of Judicial First Class Magistrate Court-I, Manjeri. The offences alleged against the petitioners are under Sections 341, 323, 324 read with Section 34 of Indian Penal Code.
2. The aforesaid crime was registered on the basis of information furnished by the 2nd respondent. Annexure- A1 is the FIR and Annexure-A2 is the final report submitted by the police and this criminal M.C. is filed for quashing all further proceedings pursuant to Annexure-A2 final report.
3. Heard, Sri Mahboob Aruveettil, the learned Counsel appearing for the petitioners and Sri. Vipin Narayanan, the learned Public Prosecutor for the State and Sri. Rajan Kudumbathil, the learned Counsel appearing for the 2nd respondent/ de facto complainant.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexures-A4 afÏdavit sworn by the 2nd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said afÏdavit, the 2nd respondent/de facto complainant has 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 2nd respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House OfÏcer 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-
A2 final report submitted in Crime No. 353 of 2017 of Manjeri Police Station and all further proceedings in C.C.No.872 of 2017 on the files of the Judicial First Class Magistrate Court-I, Manjeri, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
LU JUDGE APPENDIX OF CRL.MC 9020/2022 PETITIONER ANNEXURES :
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO
353/2017 REGISTERED BY THE MANJERI POLICE DATED 26/07/2017 Annexure A2 TRUE COPY OF FINAL REPORT IN CRIME NO
353/2017 DATED 29/07/2017 Annexure A3 TRUE COPY OF THE WOUND CERTIFICATE OF DE FACTO COMPLAINANT /RESPONDENT NO 2 Annexure A4 THE AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT AND INJURED IN THE CASE DATED 06/12/2022 // True Copy // PA To Judge
