Crl.M.C.No.1862/22, IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.M.C.No.1862/22 1 # _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ ## _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A._ _THURSDAY, THE 7[TH] DAY OF JULY 2022 / 16TH ASHADHA, 1944_ _CRL.MC NO. 1862 OF 2022_ _CRIME NO.1282/2014 OF Poochakkal Police Station, Alappuzha_ ## _PETITIONERS/ACCUSED 1 TO 10:_ - _1 HARI T PRAKASH @ HARIKRISHNAN, AGED 32 YEARS, THACHAPARAMBU HOUSE, THYKATTUSSERY PANCHAYATH, WARD 11, THYKATTUSSERY P.O, CHERTHALA, PIN – 688 558._ _2 SURESH, AGED 60 YEARS, VELLIYIL VEEDU, PANAVALLY PANCHAYATH, WARD 11, POOCHAKAL P O. CHERTHALA, PIN – 688 526. 3 PRAVEEN @ KUTTAN, AGED 37 YEARS, VALEZHATHU VELI, PANAVALLY PANCHAYATH, WARD 14, POOCHAKAL P O. CHERTHALA, PIN – 688 526. 4 ANIKUTTAN @ GOWDA, AGED 45 YEARS, PALEZHATHU VELIYIL HOUSE, PALLIPURAM PANCHAYATH, WARD 15, K R PURAM P O, CHERTHALA, PIN – 688 526. 5 BIJUMON, AGED 45 YEARS, VADAKEPPULIKAL VEEDU, PALLIPURAM PANCHAYATH,_ Crl.M.C.No.1862/22 2 _WARD 15, K R PURAM P O, CHERTHALA, PIN – 688 526._ _6 SUNEESH @ KANNAN, AGED 35 YEARS, KUDUMPURAM VEEDU, PANAVALLY PANCHAYATH, WARD 11, POOCHAKAL P O. CHERTHALA, PIN – 688 526._ _7 RAJESH, AGED 32 YEARS, THURUTHIL VEEDU, THYKATTUSSERY PANCHAYATH, WARD 11, MANAPPURAM PO, CHERTHALA, PIN – 688 558._ _8 MONESH, AGED 32 YEARS, VAIZHATHUVELI VEEDU, PALLIPURAM PANCHAYATH WARD 11, K R PURAM PO, CHERTHALA., PIN – 688 524._ _9 ANANTHAKRISHNAN, AGED 25 YEARS,_ _PUTHUVELNIKARTH VEEDU, PALLIPURAM PANCHAYATH, WARD 14, K R PURAM PO, CHERTHALA, PIN – 688 524._ - _10 AKHIL,_ _AGED 27 YEARS, VALEZHATHU VELIYIL HOUSE, PALLIPURAM PANCHAYATH, WARD 14, K R PURAM P O. CHERTHALA, PIN – 688 528._ _BY ADV.MANU HARSHAKUMAR_ ## _RESPONDENTS/STATE OF KERALA/DE FACTO COMPLAINANT:_ _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031._ Crl.M.C.No.1862/22 3 _2 ASHOKAN, AGED 42 YEARS, PADINJAREAKARIKADU HOUSE, PANAVALLY PANCHAYATH, WARD 12, POOCHAKAL P O. CHERTHALA, PIN – 688 526._ _3 SAJEEV, AGED 35 YEARS, PUNITHARA HOUSE, PANAVALLY PANCHAYATH, WARD 12, POOCHAKAL P O, CHERTHALA, PIN – 688 526._ _BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR R2 & R3 BY SRI.RAPHEL THEKKAN_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.No.1862/22 4 ## **O R D E R** The petitioners are the accused Nos.1 to 10 in Crime No.1282 of 2014 of Poochakkal Police Station, which is now pending as S.C.No.667 of 2021 on the files of the Assistant Sessions Court, Cherthala in respect of the accused Nos.2 to 10. The proceedings against the 1[st] accused is now pending as C.P.No.28 of 2021 before the Judicial First Class Magistrate Court-II, Cherthala. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 308 and 326 of IPC. 2. The prosecution case is that on 21.12.2014, the petitioners have formed themselves into an unlawful assembly and assaulted the 2[nd] and 3[rd] respondents, thereby causing serious injuries to them. Annexure-I is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto. 3. Heard Sri.Manu Harshakumar, learned counsel for the petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.Raphel, learned counsel for the 2[nd] and 3[rd] respondents. Crl.M.C.No.1862/22 5 4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-2 and Annexure-3 affidavits sworn by the 2[nd] and 3[rd] respondents are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2[nd] and 3[rd] respondents 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 2[nd] and 3[rd] respondents 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. Crl.M.C.No.1862/22 6 6. It is true that among the offences, Sections 326 and 308 of IPC are also included. Nature of injuries sustained to one of the victims is serious in nature. However, it is discernible from the records that, the petitioners have compensated the 2[nd] respondent and the 2[nd] respondent has expressed satisfaction and accepted the said compensation for settling the aforesaid case. The learned Public Prosecutor submitted that the 3[rd] accused and the 10[th] accused were involved in one other crime as well. As against the 3[rd] accused, the proceedings under Section 308 is also included. Offence alleged against the other accused was under Section 307 of IPC. Therefore, the quashing of the proceedings have objected by the learned Public Prosecutor, stating the criminal antecedents of the aforesaid accused. 7. However, on perusal of the records, it is evident that the incident in this case has occurred as a part of a dispute between two factions of people in a temple. All the parties are from the very same locality and the nature of allegations reveals that dispute arises on account of difference of opinion between the said two factions in relation to the management and election of a Temple Committee. Now all the disputes between the said factions Crl.M.C.No.1862/22 7 have been settled and the cordial relationship between them has been restored. In such circumstances, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C to quash the proceedings, even though the offences alleged against the petitioners are serious in nature. While taking this view, I have taken note of the fact that such a settlement and quashing of the proceedings is absolutely necessary to ensure peace and harmony among the two factions of the people in the very same locality. In the result, this Crl.M.C. is allowed, and Annexure-1 final report submitted in Crime No.1282 of 2014 of Poochakkal Police Station and all further proceedings in C.P.No.28 of 2021 against the 1[st] petitioner before the Judicial First Class Magistrate Court-II, Cherthala and S.C.No.667 of 2021 against the petitioners 2 to 10 before the Assistant Sessions Court, Cherthala, are hereby quashed. Sd/- **ZIYAD RAHMAN A.A. JUDGE** DG/7.7.22 Crl.M.C.No.1862/22 8 ## _APPENDIX OF CRL.MC 1862/2022_ _PETITIONER ANNEXURES_ |_Annexure1_|_CERTIFIED COPY OF FINAL REPORT IN CRIME_| |---|---| ||_NO 1282 OF 2014 DATED 18.08.2015_| |_Annexure2_|_THE AFFIDAVIT OF 2D RESPONDENT_| ||_DATED10.03.2022_| |_Annexure3_|_THE AFFIDAVIT OF 3RD RESPONDENT DATED_| ||_10.3.2022_|