CRL.MC NO. 6474 OF 2021 (Sharath A. and others v. The Station House Officer, Kumbla Police Station & State of Kerala)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **WEDNESDAY, THE 25[TH] DAY OF MAY 2022 / 4TH JYAISHTA, 1944** **CRL.MC NO. 6474 OF 2021** **CC 607/2017 PENDING ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD IN CRIME NO.252/2009 OF KUMBLA POLICE** **STATION, KASARAGOD** ## **PETITIONERS/ACCUSED NOS.1 TO 4:** - **1 SHARATH A. AGED 34 YEARS S/O. SADANANDA, ADUKKA HOUSE, BANDIYODE, MANGALPPADY, KASARAGODE DISTRICT.** - **2 MAHESH B. AGED 32 YEARS S/O. GANAPATHY, MANDIYOD HOUSE, MANGALPPADY, KASARAGODE DISTRICT.** - **3 HAREESH A. AGED 30 YEARS S/O. KUNHIRAMA, AMRUTHA HOUSE, BHAGAVATHY NAGAR, MANDIYOD, MANGAPPADY GRAMAM, KASARAGODE DISTRICT.** - **4 SUNI @ SUNIL KUMAR A. AGED 35 YEARS S/O. KUNHIRAMA, ADUKKA HOUSE, BHAGAVATHY NAGAR, BANDIYOD, MANGALPPADY GRAMAM, KASARAGODE. BY ADV V.A.VINOD** ## **RESPONDENTS/COMPLAINANT/STATE & DE FACTO COMPLAINANT:** - **1 THE STATION HOUSE OFFICER KUMBLA POLICE STATION, KASARAGODE - 671 321.** - **2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** - **3 D. HANEEF AGED 40 YEARS S/O. LATE MUHAMMED, KUNHI HOUSE, BANDIYODU, MANGALPADY VILLAGE, MANJESHWAR TALUK, KASARAGODE - 671 323.** **BY ADVS. SRI.RANJIT GEORGE, SENIOR PUBLIC PROSECUTOR SRI.N.KRISHNA RAJA MAULI** CRL.MC NO. 6474 OF 2021 2 **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** CRL.MC NO. 6474 OF 2021 3 ## **ORDER** ## **Dated this the 25[th] day of May, 2022** The petitioners are the accused Nos. 1 to 4 in C.C.No.607/2017 before the Judicial First Class Magistrate Court-II, Kasaragode which arises from Crime No.252/2009 of Kumbla Police Station. The offences registered against them are under Sections 341, 427, 153(A) read with Section 34 of the Indian Penal Code (IPC). 2. The prosecution case is that, on 08.09.2009 at about 9.50 pm, the accused persons stopped the Autorickshaw driven by the de facto complainant who is the 3[rd] respondent herein, threatened him in such a manner as to create problems between two religions. It is also alleged that damage to the window shield of the Autorickshaw was also caused by them. Annexure-I FIR was registered in such circumstances and after completing the investigaiton Annexure-II final report CRL.MC NO. 6474 OF 2021 4 was submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-II final report. 3. Heard Sri.V.A.Vinod, the learned counsel appearing for the petitioners, Sri.Ranjit George, the learned Public Prosecutor appearing for respondents 1 and 2 and Sri. N. Krishna Raja Mauli, the learned counsel appearing for 3[rd] respondent. 4. The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexure-III affidavit sworn by respondent No.3 is produced. The fact of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that the 3[rd] respondent has no subsisting grievances against the petitioners herein. The 3[rd] respondent also clearly expressed his no objection in quashing the proceedings against the petitioners. The learned CRL.MC NO. 6474 OF 2021 5 counsel appearing for the 3[rd] respondent also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein. The learned Public Prosecutor upon instructions submits that the veracity of settlement was verified by the Station House Officer concerned, by recording statement of de facto complainant and found to be genuine. 5. On going through the nature of allegations as contained in Annexure-II final report, it can be seen that the dispute is basically private in nature. No serious offences are attributed against the petitioners. Considering the settlement arrived at between the parties, the chances of a successful prosecution are very bleak and hence no fruitful purpose would be served if the proceedings is allowed to continue. 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 CRL.MC NO. 6474 OF 2021 6 fit case in which the powers of this Court under Section 482 Cr.P.C. can be invoked. 6. It is true that offences under Section 153(A) is also seen incorporated. However, on going through the records it is seen that, the dispute appears to be personal in nature even though certain statements alleged to have been made in relation to the religious identity to the de facto complainant. In Annexure-III affidavit filed by the 3[rd] respondent it has been stated that the registration of the case itself was on the basis of mistaken facts and identity. It is also stated in the aforesaid affidavit that, now the parties are maintaining good relationship and leading a harmonious life. Considering the entire facts and circumstances of the case and to ensure peace among the parties it is only proper that the proceedings be quashed. Accordingly this Crl.M.C. is allowed. All further proceedings in C.C.No.607/2017 pending before the CRL.MC NO. 6474 OF 2021 7 Judicial First Class Magistrate Court-II, Kasaragod pursuant to Crime No.252/2009 of Kumbla Police Station are hereby quashed. **Sd/-** **ZIYAD RAHMAN A.A. JUDGE** SKP/25.05 CRL.MC NO. 6474 OF 2021 8 ## **APPENDIX OF CRL.MC 6474/2021** **PETITIONERS' ANNEXURES: ANNEXURE I** **ANNEXURE I CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.252/2009 OF KUMBLA POLICE STATION, KASARAGODE. ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.607/2017 PENDING ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, KASARAGODE. ANNEXURE III THE TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 01.10.2021.** **RESPONDENTS' ANNEXURES: NIL** ## **TRUE COPY** **P.A.TO JUDGE**