Back
2023 Supreme(Online)(KER) 21979
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. 9668 OF 2022
PETITIONERS/ACCUSED 1 & 2:
1
PRANAV M.G.,
AGED 26 YEARS,
C/O.GOPALANKUTTY, MEKKADA HOUSE,
THIRUVAMBADI, KOZHIKODE,
KERALA, PIN – 673 603.
2
HARIKRISHNAN S.,
AGED 34 YEARS,
S/O.SUKUMARAN NAIR M,
KADALIKKUZHIVILACEEDU,
THITTAMANGALAM,
KODUNGANOOR P O, THIRUVANANTHAPURAM,
KERALA, PIN – 695 013.
BY ADV.B.SURJITH
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1
STATE OF KERALA,
REPRESENTED PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN – 682 031.
ABIN SEBASTIN,
AGED 38 YEARS,
S/O.SEBASTIN E S,
PERUMPUZHAPOTHIYIL, MUTTOM, MUTTOM,
THODUPUZHA, MUTTOM, MUTTOM E K
IDUKKI, KERALA, PIN – 685 587.
BY ADVS.RAHANA JOSE
LIJO JOSEPH
SMT.SREEJA V -SR PUBLIC PROSECUTOR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Proceedings can be quashed under Section 482 Cr.P.C. when the dispute is private in nature and a settlement has been reached between the parties.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - SETTLEMENT OF DISPUTE
Fact of the Case:
The petitioners were accused of offences under Sections 294(b), 323, and 34 of the IPC. The dispute between the parties was settled, and the de facto complainant filed an affidavit acknowledging the settlement and conveying no objection to quashing the proceedings.
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 proceedings could be quashed in light of the settlement between the parties.
Ratio Decidendi: The court applied the principles laid down by the Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], which allows for the quashing of proceedings under Section 482 Cr.P.C. when the dispute is private in nature and a settlement has been reached.
Final Decision: The court allowed the petition and quashed the FIR and all further proceedings against the petitioners.
O R D E R
The petitioners are the accused Nos.1 and 2 in Crime No.64 of 2022 of Muttom Police Station, Idukki, which is now pending as C.C.No.375 of 2022 on the files of the Judicial First Class Magistrate Court-I, Thodupuzha.
2. Offences alleged against the petitioners are under Sections 294 (b), 323 and 34 of IPC. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police.
The 2nd respondent is the de facto complainant.
3. Heard Sri.B.Surjith, learned counsel for the petitioners, Smt.Sreeja V., learned Public Prosecutor for the State and Sri.Rehana Jose, learned counsel for the 2nd respondent.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3 affidavit sworn by the 2nd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2nd 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 2nd 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-A1 FIR submitted in Crime No.64 of 2022 of Muttom Police Station and all further proceedings in C.C.No.375 of 2022 on the file of the Judicial First Class Magistrate Court,I, Thodupuzha, against the petitioners are hereby quashed.
