Rajesh D and others v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 23[RD] DAY OF JUNE 2022 / 2ND ASHADHA, 1944 CRL.MC NO. 2406 OF 2022 CC 525/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR CRIME NO.464/2017 OF ALATHUR POLICE STATION ``` ## **`PETITIONERS/ACCUSED NO.1 TO 8:`** ``` 1RAJESH D AGED 34 YEARS SON OF DEVAKI K, PATTA VEEDU, CHITTILAMPERI, CHITTILAMPERI P O, MELARCODE, PALAKKAD DISTRICT,, PIN – 678704 2SURENDRAN C AGED 28 YEARS SON OF CHAMI, NOCHIKKADU HOUSE, PATTA, CHITTILAMCHERI POST, PALAKKAD DISTRICT, PIN – 678704 3SUJITH V AGED 25 YEARS SON OF RADHAMANY, PUTHEN VEEDU HOUSE, PATTA, NOCHIKKADU, MELARCODE, CHITTILAMCHERI, PALAKKAD DISTRICT, PIN – 678704 4HARIDAS V AGED 25 YEARS SON OF VELAYUDHAN, 28, NOCHIKKADU, PATTA, CHITTILAMCHERI, MELARCODE, PALAKKAD DISTRICT, PIN – 678704 5SREEJITH B AGED 27 YEARS NOCHIKKADU, CHITTILAMCHERI POST, MELARCODE, PALAKKAD DISTRICT, PIN – 678704 6SAMBUJAN N AGED 31 YEARS SON OF NARAYANAN NOCHIKKADU, CHITTILANCHERI, MELARCODE, PALAKKAD DISTRICT, PIN – 678704 ``` ``` CRL.MC NO. 2406 OF 2022 ``` ``` 2 ``` ``` 7SAJITH V AGED 24 YEARS SON OF RADHAMANI, PUTHAN VEEDU, PATTA, NOCHIKKAD, MELARCODE, CHITTILAMCHERY, PALAKKAD DISTRICT, PIN – 678704 8RINEESH S AGED 33 YEARS SON OF SETHUMADHAVAN NOCHIKKAD HOUSE, PATTA, CHITTILAMCHERY POST, PALAKKAD DISTRICT, PIN – 678704 ``` ``` BY ADV SARATH M.S. ``` ## **`RESPONDENTS/STATE, INVESTIGATING OFFICER, DEFACTO COMPLAINANT & INJURED:`** ``` 1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 2STATION HOUSE OFFICER ALATHUR POLICE STATION, PALAKKAD DISTRICT,, PIN – 678541 3SURESH AGED 29 YEARS SON OF PARAMESWARAN, PAZHIYOD HOUSE, KADAMBIDI, CHITTILANCHERY, PALAKKAD, PIN – 678704 4SANTHOSH AGED 33 YEARS SON OF RAMAN PAZHIYOD HOUSE, PAZHIYOD HOUSE, KADAMBIDI, CHITTILANCHERY, PALAKKAD, PIN 678704, PIN – 678704 ``` ``` 3 ``` ## **`CRL.MC NO. 2406 OF 2022`** ``` BY ADVS. PUBLIC PROSECUTOR ADV.SREERAJ M.D. ADV. M.P.PRASHANTH SR P P ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 2406 OF 2022 ``` ``` 4 ``` ## **`ORDER`** The petitioners are the accused Nos.1 to 8 in Crime No.464/2017 of Alathur Poilce Station which is now pending as C.C. No.525/2017 before the Judicial First Class Magistrate Court, Alathur. The offences alleged against the petitioners are under Sections 143, 147, 148, 323 and 324 read with Section 149 of Indian Penal Code. 2. The prosecution case is that, 29.04.2017 the accused persons formed themselves into an unlawful assembly and assaulted the respondents 3 and 4. Annexure A1 is the First Information Report and Annexure A2 is the final report. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure A2. 3. Heard Sri.Sarath M.S., learned counsel appearing for the petitioners, Sri.M.P. Prashanth, learned Public Prosecutor for the State and Sri.Sreeraj M.D., learned counsel appearing for the respondents 3 and 4. 4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the ``` CRL.MC NO. 2406 OF 2022 ``` ``` 5 ``` parties has been settled and to substantiate the same, the injured persons have sworn Annexure A3 and Annexure A4 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 3[rd] and 4[th] respondents/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. 2406 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. However, the learned Public Prosecutor points out that, the 4[th] and 8[th] petitioners who are the 4[th] and 8[th] accused in the crime respectively are having criminal antecedents. It is pointed out that, the 4[th] petitioner is involved in two crimes which include the offences under Section 326 of Indian Penal Code. As regards the 8[th] accused, it is pointed out that he is involved in six other crimes including serious offenses in the nature of Sections 326 and the provisions of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. In this case, the proceedings are sought to be quashed on the basis of settlement. Considering the fact that the 4[th] and 8[th] petitioners have criminal antecedents and are involved frequently in offences of similar nature, I am of the view that, with respect to the aforesaid petitioners, it is not proper ``` CRL.MC NO. 2406 OF 2022 ``` ``` 7 ``` to invoke the jurisdiction of this Court under Section 482 of Cr.P.C. Therefore, the prosecution against the 4[th] and 8[th] accused can be continued despite the fact that the proceedings against the other petitioners are to be prematurely terminated. Accordingly, this Crl.M.C. is allowed. Annexure A2 final report in Crime No.464/2017 of Alathur Police Station and all further proceedings in C.C.No.525/2017 pending before the Judicial First Class Magistrate Court Alathur as against the petitioners 1 to 3 and 5 to 7 who are the accused Nos.1 to 3 and 5 to 7 respectively are hereby quashed. ``` Sd/- ZIYAD RAHMAN A.A. JUDGE ``` scs ``` CRL.MC NO. 2406 OF 2022 ``` ``` 8 ``` ## **`APPENDIX OF CRL.MC 2406/2022`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`| |---|---| |`Annexure A1`|`THE CERTIFIED COPY OF THE F.I.R. IN`| ||`CRIME NO.464/2017 OF ALATHUR POLICE`| ||`STATION, PALAKKAD DISTRICT DATED`| ||`29/4/2017`| |`Annexure A2`|`CERTIFIED COPY OF THE FINAL REPORT`| ||`DATED 12.07.2017 IN CC NO.525/2017 ON`| ||`THE FILES OF THE JUDICIAL FIRST CLASS`| ||`MAGISTRATE COURT, ALATHUR WHICH AROSE`| ||`FROM CRIME NO.464/2017 OF ALATHUR`| ||`POLICE STATION, PALAKKAD`| |`Annexure A3`|`ORIGINAL AFFIDAVIT DATED 23/2/2022`| ||`SWORN BY 3RD RESPONDENT`| |`Annexure A4`|`ORIGINAL AFFIDAVIT DATED 23/2/2022`| ||`SWORN BY 4TH RESPONDENT`|