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2022 Supreme(Online)(KER) 59206
HIGH COURT OF KERALA
Ziyad Rahman A. A, J
BIJU VIVEKANANDAN – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/3646/2022
C.S.AJITH PRAKASH, T.K.DEVARAJAN, HAARIS MOOSA, KRISHNENDU.D, SEENA C – PUBLIC PROSECUTOR
Private disputes can lead to quashing of criminal proceedings when resolved amicably, reflecting judicial acknowledgment of settled grievances.
Headnote:
Criminal - Trespass - Indian Penal Code Sections List - The court quashed FIR and proceedings under IPC sections regarding trespass and other offenses, emphasizing settlement between parties, validating that continued prosecution was unnecessary given lack of grievance.
Fact of the Case:
The petitioners were accused of trespassing during a trust meeting, threatening officials, and damaging property. They sought to quash the FIR and subsequent proceedings, arguing the matter was settled with no grievances.
Finding of the Court:
The court noted that the settlement between the parties rendered further proceedings unnecessary and observed that prosecution chances were slim. It referenced a prior case to support its decision to quash the proceedings.
Issues: Whether the proceedings against the petitioners should be quashed in light of the settlement between parties.
Ratio Decidendi: The court held that in cases of private dispute resolution, criminal proceedings may be quashed if a settlement is established and the victim does not wish to pursue charges.
Final Decision: The court allowed the petition and quashed the FIR and all related proceedings against the petitioners.
ORDER
The petitioners are the accused Nos.1 to 3 in Crime No.989/2021 of Aluva West Police which is registered for the offences punishable under Sections 451 , 506, 294(b) and 427 of Indian Penal Code .
2. The prosecution case is that, on 05.12.2021 the petitioners trespassed into the hall of Gurudeva Trust where online special general body meeting was being held, abused and threatened the directors of the trust with dire consequences with an intention to disrupt the meeting. It is also alleged that the petitioners have damaged a camera used for online meeting thereby causing a loss of Rs.6,000/- to the Trust. Annexure A1 is the First Information Report registered in this case. Later, a Final Report has been submitted on 31.05.2022 before the Judicial First Class Magistrate court II, Aluva. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure A1 First Information and all further proceedings pursuant thereto.
3. Heard Sri.C.S. Ajith Prakash, learned counsel appearing for het petitioners, Smt.Seena C., learned Pubic Prosecutor appearing for the Sate and Smt.Krishnendu D., learned counsel appearing for the 3rd 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 defacto complainant has sworn Annexure A3. The aforesaid affidavit indicates that, the matter has been settled and the defacto complainant 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 3rd respondent/ defacto 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 defacto complainant has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.
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 inGian 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 A1 First Information Report in Crime No.989/2021 of Aluva West Police Station and all further proceedings prusuant thereto including the Final Report submitted thereon as against the petitioners are hereby quashed.
APPENDIX OF CRL.MC 3646/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT NO.0989/2021 OF ALUVA POLICE STATION DATED 09.12.2021 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE II, ALUVA Annexure A2 CERTIFIED COPY OF THE COMPLAINT DATED
08.12.2021 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE SHO, ALUVA Annexure A3 NOTARIZED AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 03.06.2022
