ARUN KUMAR @ ARUN & OTHERS v. STATE OF KERALA & OTHERS

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. ``` ``` TUESDAY, THE 1[ST] DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944 ``` ``` CRL.MC NO. 6836 OF 2022 ``` ``` CRIME NO.298/2019 OF North Paravoor Police Station, Ernakulam CP 8/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, NORTH PARAVOOR ``` ## **`PETITIONERS/ACCUSED:`** ``` 1ARUN KUMAR @ ARUN AGED 38 YEARS S/O THAMBI POLASSERI HOUSE, CHERIYAPALAM THURUTHU, PARAVOOR VILLAGE, PIN – 683512 2MANU P.M. @ MANU MURALI AGED 32 YEARS S/O MURALI, PULIYAKANDATHIL HOUSE, CHERIYAPALAM THURUTHU, PARAVOOR VILLAGE, PIN – 683512 3AJAYA KUMAR @ AJAY AGED 31 YEARS S/O THAMBI, POLASSERI HOUSE, CHERIYAPALAM THURUTHU, PARAVOOR VILLAGE, PIN – 683512 4NIKHIL AGED 33 YEARS S/O PRAKASHAN, VADAKKEPARAMBIL HOUSE, CHERIYAPALAM THURUTHU, PARAVOOR VILLAGE, PIN – 683512 5HAGEETH SAI AGED 29 YEARS S/O HARI HARAN, KAMBIVELIKKAKATHU VEEDU, CHERIYAPALAM THURUTHU, PARAVOOR VILLAGE, PIN – 683512 ``` ``` CRL.MC NO. 6836 OF 2022 ``` ``` 2 ``` ``` 6SAJITH AGED 30 YEARS S/O SAJEEVAN, THUNGIYIL HOUSE, CHERIYAPALAM THURUTHU, PARAVOOR VILLAGE, PIN – 683512 7AKSHAY AGED 25 YEARS S/O SALI, PULIYANKANDATHIL HOUSE, CHERIYAPALAM THURUTHU, PARAVOOR VILLAGE, PIN – 683512 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. PRERITH PHILIP JOSEPH ANILKUMAR C.R. ``` ## **`RESPONDENTS/STATE/DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM – 682031 (CRIME NO 298/2019 OF NORTH PARAVOOR POLICE STATION, ERNAKULAM) 2VISHNU AGED 30 YEARS S/O BABY, KOZHATHIPARAMBIL, PERUMBADANNA KARA, PARAVOOR VILLAGE – 683512 3KRISHNA PRASAD AGED 26 YEARS S/O BALAKRISHNAN, VARAPARAMBIL HOUSE, DEVASYAM PADAM DESAM, VARAPPUZHA VILLAGE, PIN – 683517 ``` ``` CRL.MC NO. 6836 OF 2022 ``` ``` 3 ``` ``` 4NIDHEESH AGED 28 YEARS S/O MURALI, THALIKAPPURATHU HOUSE, PERUMBADANNA KARA, PARAVOOR VILLAGE – 683512 ``` ``` BY ADVS. PUBLIC PROSECUTOR ADV ANAND KALYANAKRISHNAN ADV M.P. PRASHANTH – PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 6836 OF 2022 ``` ``` 4 ``` ## **`ORDER`** The petitioners are the accused in Crime No.298/2019 of North Paravoor Police Station which is now pending as C.P. No.8/2022 before the Judicial First Class Magistrate Court I, North Paravoor. The offences alleged against the petitioners are under Sections 143, 147, 144, 148, 341, 323, 506, 326, 294(b), 308 read with Section 149 of Indian Penal Code. 2. The prosecution case is that, on 10.03.2019 the accused persons formed into an unlawful assembly and assaulted the respondents 2 to 4, thereby causing injuries to them. Annexure IV is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to the same. 3. Heard Sri.S.Rajeev, learned counsel appearing for the petitioners, Sri.M.P. Prashanth, learned Public Prosecutor for the State and Sri.Anand Kalyanakrishnan, learned counsel appearing for the respondents 2 to 4. 4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute ``` CRL.MC NO. 6836 OF 2022 ``` ``` 5 ``` between the parties has been settled and to substantiate the same, the injured persons have sworn Annexure I to Annexure III affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents 2 to 4/injured persons 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 injured persons have reiterated that, they do not have any objection in quashing the proceedings as they have 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 ``` CRL.MC NO. 6836 OF 2022 ``` ``` 6 ``` 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. 6. It is true that some of the offences are under Sections 326 and 308 of Indian Penal Code. However, on perusal of the records it is seen that the victims have clearly stated that the incident has occurred on the basis of some misunderstanding between the parties and there was no intentional assault in this case. Moreover, no criminal antecedents of any accused persons were also brought to my notice. In such circumstances, taking into account the settlement arrived between the parties, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 of Cr.P.C. and to quash proceedings against them. Accordingly, this Crl.M.C. is allowed. Annexure IV final report in Crime No.298/2019 of North Paravoor Police Police Station and all further proceedings in C.P. No.8/2022 pending ``` CRL.MC NO. 6836 OF 2022 ``` ``` 7 ``` before the Judicial First Class Magistrate Court I, North Paravoor as against the petitioners are hereby quashed. ``` Sd/- ZIYAD RAHMAN A.A. JUDGE ``` scs ``` CRL.MC NO. 6836 OF 2022 ``` ``` 8 ``` ## **`APPENDIX OF CRL.MC 6836/2022`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`| |---|---| |`Annexure-I`|`NOTARIZED AFFIDAVITS SWORN BY THE`| ||`RESPONDENTS NO 2`| |`Annexure-II`|`NOTARIZED AFFIDAVITS SWORN BY THE`| ||`RESPONDENTS NO 3`| |`Annexure-III`|`NOTARIZED AFFIDAVITS SWORN BY THE`| ||`RESPONDENTS NO 4`| |`Annexure-IV`|`THE CERTIFIED COPY OF THE FINAL`| ||`REPORT IN CRIME NO 298/2019 OF NORTH`| ||`PARAVOOR POLICE STATION, ERNAKULAM`|