CRL.M.C. No. 9372 of 2022, High Court of Kerala, Ernakulam

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 CRL.MC NO. 9372 OF 2022** **ANNEXURE-A1 IFR IN CRIME NO.845/2022 OF INFORPARK POLICE STATION AND ALL FURTHER PROCEEDINGS TAKEN AGAINST THE PETITIONERS/ACCUSED 1 TO 5 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD** ## **PETITIONERS/ACCUSED NOS.1 TO 5:** 1 SAJAN JOHN AGED 20 YEARS, S/O JOHNKUTTY, THONDUVILA SAJAN NIVAS, PERUMPUZHA P.O., KOLLAM – 691504. 2 ALWIN JAYANTH AGED 20 YEARS S/O JAYANTH ANTONY, KOZHIKKARA HOUSE, KOZHUKKULLY P.O., PALLIMOOLA, THRISSUR – 680751. 3 ASHLY T.A. AGED 21 YEARS, S/O ANSEELY, THARAYIL HOUSE, ELATHOOR, CALICUT- 673303. 4 SHIBIN SHAJAN K.P AGED 19 YEARS, S/O SHAJAN P.B, KURUDIPRAVANTAVIDA HOUSE, CHERUPARAMBU P.O, THALASSERY, KANNUR – 670693. 5 SHAJAN K.P. AGED 19 YEARS, S/O PRAGALBHAKUMAR, KALLUMPURATHU HOUSEE, THONNAKKADAVU P.O. CHERIYANADU, ALAPPUZHA - 690548 BY ADV C.Y.VINOD KUMAR 2 ## **Crl. M.C. No. 9372 of 2022** ## **RESPONDENTS/STATE, INVESSTIGATIONG OFFICER & DEFACTO COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE INFOPARK POLICE STATION, INFOPARK CAMPUS, KAKKANAD, ERNAKULAM – 682030. 3 HASHIM PAREED AGED 27 YEARS S/O PAREETH K.A., KARUKUNNATH HOUSE, PALLIKKARA, KUMARAPURAM P.O., KUNNATHUNADU, ERNAKULAM – 683536. BY ADV JELSON J.EDAMPADAM ADV SREEJA V - SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 3 ## **Crl. M.C. No. 9372 of 2022** ## **O R D E R** Dated this the 16[th] day of January, 2023 The petitioners are the accused Nos. 1 and 5 in Crime No.845/2022 of Infopark Police Station, which is registered for the offences punishable under Sections 143, 147, 148, 324, 341, 294(b) and 308 of the Indian Penal Code. The 3[rd] respondent is the defacto complainant. Annexure-A1 is the FIR submitted by the Police. It is also reported that the investigation in this case has been completed and Final Report filed and it is now pending as C.C.No.29/2022 before the Judicial First Class Magistrate Court, Kakkanad. This Crl. M. C. is filed to quash Annexure-A1 FIR and all further proceedings pursuant to the same. 2. Heard Sri. C. Y. Vinod Kumar, the learned counsel appearing for the petitioners, Smt. Sreeja V., learned Public Prosecutor for the State and Sri. Jelson J. Edampadam, the 4 **Crl. M.C. No. 9372 of 2022** learned counsel appearing for the 3[rd] respondent/defacto complainant. 3. 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 injured person has sworn Annexure-A2 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the injured person 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 3[rd] respondent / injured person 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 person has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting 5 **Crl. M.C. No. 9372 of 2022** grievance against the petitioners herein. 4. 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. 5. It is true that one of the offences is under Section 308 of the Indian Penal Code. However, it is discernible from the records that no serious injuries were sustained by the defacto complainant. Moreover, no criminal antecedents of the petitioners are brought to my notice. In such circumstances, I deem it 6 **Crl. M.C. No. 9372 of 2022** appropriate to invoke the jurisdiction of this Court under Section 482 of Cr.P.C. and to quash the proceedings. Accordingly, this Crl.M.C. is allowed. Annexure-A1 FIR in Crime No.845/2022 of Inforpark Police Station and all further proceedings in C.C.No.29/2022 pending before the Judicial First Class Magistrate Court, Kakkanad as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A JUDGE** ams 7 **Crl. M.C. No. 9372 of 2022** Nomenclature of the lower court case number mentioned in the final order dated 16.01.2023 in Criminal M.C.9372/2022 stands corrected and substituted as Committal Proceedings (CP) No.29/2022 of the Judicial First Class Magistrate's Court, Kakkanad instead of Calendar Case (CC) No.29/2022 of Judical First Class Magistrate Court, Kakkanad, wherever it occurs in the final order as per the order dated 25.01.2023 in Criminal M A 01/2023 in Criminal M.C.9372/2022. Sd/- **DEPUTY REGISTRAR** 8 **Crl. M.C. No. 9372 of 2022** ## **APPENDIX OF CRL.MC 9372/2022** PETITIONERS' ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 845/22 OF INFOPARK POLICE STATION ON THE FILE OF THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT, KAKKANAD, ERNAKULAM Annexure A2 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT