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2022 Supreme(Online)(KER) 20521
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 30TH DAY OF AUGUST 2022 / 8TH BHADRA, 1944 CRL.MC NO. 5620 OF 2021 CRIME NO.632/2017 OF Adhur Police Station, Kasargod CC 554/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD PETITIONER/ACUSED 1 TO 4:
1 SAJITH AGED 30 YEARS S/O. JANAKI, R/AT IRIYANNI, MULIYAR VILLAGE, KASARAGOD TALUK & DISTRICT
2 RAJESH, AGED 27 YEARS S/O.KRISHNAVENI, R/AT PANAYATHADKA HOUSE, PERADKKAM, MULIYAR VILLAGE, KASARAGOD DISTRICT
3 KRISHNA KUMAR AGED 21 YEARS S/O. NARAYANAN, R/AT POTTA HOUSE, KUNIYERI, MULIYAR VILLAGE, KASARAGOD TALUK & DIST
4 SREENESH AGED 28 YEARS S/O. KUMARAN, R/AT PUTHUCHERI VEEDU, BAVIKKARA, MULIYAR VILLAGE, KASARAGOD TALUK & DIST BY ADV VINAY M.E.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 MIDHEESH K.
AGED 34 YEARS S/O. KUNHIRAMAN, R/AT PERADUKKAM HOUSE, MULIYAR POST, KASARAGOD DIST, PIN-671 542 BY ADV ADV P.P.MANIAMMA ADV SREEJA V. - PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are the accused Nos.1 to 4 in Crime No.632/2017 of Adhur Police Station which is now pending as C.C. No.554/2018 before the Judicial First Class Magistrate Court I, Kasargod. The offences alleged against the petitioners are under Sections 447, 506(ii) read with Section 34 of Indian Penal Code.
2. The prosecution case is that, on 02.12.2017, the petitioners trespassed into the property of the 2nd respondent and threatened him. A1 is the Final Report submitted by the Police and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.Vinay M.E., learned counsel appearing for the petitioners, Smt.Sreeja V., learned Public Prosecutor appearing for the State and Smt.P.P. Maniamma, 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 defacto complainat has sworn Annexure A2. The aforesaid affidavit indicates that, the matter has been settled and the defacto complainat 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 2nd respondent/ defacto complainat 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 complainat 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 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 A1 Final Report in Crime No.632/2017 of Adhur Police Station and all further proceedings in C.C. No.554/2018 pending before the Judicial First Class Magistrate Court I, Kasargod as against the petitioners are hereby quashed.
APPENDIX OF CRL.MC 5620/2021 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT REGISTERED BY THE ADHUR POLICE STATION AT KASARAGOD DISTRICT AS CRIME NO.632/2017 Annexure A2 ORIGINAL OF THE AFFIDAVIT FILED BY THE
2ND RESPONDENT/DEFACTO COMPLAINANT DATED 30.10.2021
