Shimson @ Samson and Others v. State of Kerala (CRL.MC Nos. 4348 of 2021 & 2642 of 2021)

# **`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. 4348 OF 2021 ``` ``` CC 1019/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMKULAM CRIME NO.541/2018 OF KUNNAMKULAM POLICE STATION, THRISSUR ``` ## **`PETITIONERS/ACCUSED NO.1,3 & 6:`** ``` 1SHIMSON @ SAMSON, AGED 42 YEARS S/O. CHAKKUNNI, KARAKKATT HOUSE, RAJEEV GANDHI ROAD, KUNNAMKULAM, THRISSUR DISTRICT 680 503. 2SREERAG @ UNNIKRISHNAN, AGED 26 YEARS S/O. GANGADHARAN, AINEEPULI HOUSE, KUNNAMKULAM, THRISSUR DISTRICT 680 503 3PRADHEESH, AGED 38 YEARS S/O. SUBRAMANIAN, VALIYALAVALAPILL VEEDU, KUNNAMKULAM, THRISSUR DISTRICT 680 503. ``` ``` BY ADV SAM ISSAC POTHIYIL ``` ## **`RESPONDENTS/DEFACTO COMPLAINANT & STATE:`** ``` 1STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2STATION HOUSE OFFICER, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT 680503. 3ANEESH AGED 35 YEARS S/O. SUBRU, KARUNATHIL HOUSE, VELUR DESOM, VELUR VILLAGE, KUNNAMKULAM, THRISSUR DISTRICT 680 601. ``` ``` CRL.MC NO. 2642 OF 2021 & CRL.MC NO. 4348 OF 2021 ``` **==> picture [8 x 9] intentionally omitted <==** ``` BY ADV. ``` ``` ADV SRUTHI DAS ADV VIPIN NARAYAN -PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.05.2022, ALONG WITH Crl.MC.2642/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 3 ``` ``` CRL.MC NO. 2642 OF 2021 & CRL.MC NO. 4348 OF 2021 ``` ## **`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. 2642 OF 2021 ``` ## **`CC 1019/2019 OF JUDICIAL MAGISTRATE OF FIRST`** ## **`CLASS ,KUNNAMKULAM`** ## **`CRIME NO.541/2018 OF KUNNAMKULAM POLICE STATION`** ## **`PETITIONER/S:`** - `1 SHIBU @ SHIBU SING AGED 40 YEARS S/O. PAPPACHAN, MANDUMPARAMBIL HOUSE, PAZHANJI, KARIAMPRA, PALGHAT DISTRICT-680503.` - `2 VINOD @ VINU, AGED 34 YEARS, S/O. VENU, THAYYIL HOUSE, KUNNAMKULAM, THRISSUR DISTRICT-680503.` - `3 NISHABU @ IKKABU AGED 34 YEARS, S/O. MONUNNI, RAYAMARAKKAR HOUSE, KOTTAPPADY, POOKOTT, PIN-686692.` ``` BY ADV SAM ISAAC POTHIYIL ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.` - `2 STATION HOUSE OFFICER KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT-680503.` - `3 ANEESH AGED 35 YEARS S/O. SUBRU, KARUNATHIL HOUSE, VELUR DESOM,` ``` CRL.MC NO. 2642 OF 2021 & CRL.MC NO. 4348 OF 2021 ``` **==> picture [8 x 9] intentionally omitted <==** ``` VELUR VILLAGE, KUNNAMKULAM, THRISSUR DISTRICT- 680001. ``` ``` BY ADV. ADV SRUTHI DAS ADV VIPIN NARAYAN -PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.05.2022, ALONG WITH Crl.MC.4348/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 5 ``` ``` CRL.MC NO. 2642 OF 2021 & CRL.MC NO. 4348 OF 2021 ``` ## **`ORDER`** ## **`[Crl.MC Nos.4348/2021, 2642/2021]`** The petitioners are the accused Nos.1 to 6 in Crime No.541/2018 of Kunnamkulam Police Station which is now pending as C.C. No.1019/2019 before the Judicial First Class Magistrate Court, Kunnmakulam. Crl.M.C. No.4348/2021 is filed by accused Nos.1, 3 and 6 whereas Crl.M.C. No.2642/2021 is filed by the accused Nos.2, 4 and 5. The offences alleged the petitioners are under Sections 384, 385, 427, 294(b) read with Section 149 of Indian Penal Code. 2. The prosecution case against the petitioners is that, on 24.04.2018, the petitioners along with the 5 identifiable persons came to the establishment named M/s K.R. Grand Residency, Kunnamkulam, threatened the employers, abused them and thrown soda bottles causing a loss or Rs.10,000/-. Annexure A1 is First Information Report and Annexure A2 is the final report. 3. Heard Sri.Sam Isacc Pothiyil, learned counsel appearing for the petitioners, Sri.Vipin Narayan, learned Public Prosecutor ``` CRL.MC NO. 2642 OF 2021 & CRL.MC NO. 4348 OF 2021 ``` ``` 6 ``` appearing for the State and Sri.Sruthi Das, learned counsel appearing for the 3[rd] respondent. 4. 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 filed Annexure A3, which was sworn by him. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also 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 grievance against the petitioners herein. ``` CRL.MC NO. 2642 OF 2021 & CRL.MC NO. 4348 OF 2021 ``` ``` 7 ``` 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 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. Accordingly, these Crl.M.Cs. are allowed. Annexure A2 Final Report in Crime No.541/2018 of Kunnamkulam Police Station and all further proceedings in C.C. No.1019/2019 before the Judicial First Class Magistrate Court, Kunnmakulam as against the petitioners are hereby quashed. Sd/- ``` ZIYAD RAHMAN A.A. JUDGE ``` SCS ``` 8 ``` ``` CRL.MC NO. 2642 OF 2021 & CRL.MC NO. 4348 OF 2021 ``` ## **`APPENDIX OF CRL.MC 2642/2021`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`| |---|---| |`ANNEXURE A1`|`CERTIFIED COPY OF THE FIR IN CRIME NO.`| ||`541/2018 OF KUNNAMKULAM POLICE`| ||`STATION, THRISSUR DISTRICT PENDING ON`| ||`THE FILES OF JUDICIAL FIRST CLASS`| ||`COURT, KUNNAMKMAGISTRATEULAM.`| |`ANNEXURE A2`|`CERTIFIED COPY OF THE FINAL REPORT IN`| ||`CRIME NO. 541/2018 OF KUNNAMKULAM`| ||`POLICE STATION, THRISSUR DISTRICT`| ||`PENDING ON THE FILES OF JUDICIAL FIRST`| ||`CLASS COURT, KUNNAMKMAGISTRATEULAM.`| |`ANNEXURE A3`|`AFFIDAVIT SWORN BY THE DEFACTO`| ||`COMPLAINANT IN FAVOUR OF THE`| ||`PETITIONER DATED 27/03/2021.`| ``` CRL.MC NO. 2642 OF 2021 & CRL.MC NO. 4348 OF 2021 ``` ``` 9 ``` ## **`APPENDIX OF CRL.MC 4348/2021`** ## `PETITIONER ANNEXURES` |`Annexure A1`|`CERTIFIED COPY OF THE FIR IN CRIME NO.`| |---|---| ||`541/2018 OF KUNNAMKULAM POLICE`| ||`STATION, THRISSUR DISTRICT PENDING ON`| ||`THE FILES OF JUDICIAL FIRST CLASS`| ||`MAGISTRATE COURT, KKUNNAMKULAM.`| |`Annexure A2`|`CERTIFIED COPY OF THE FINAL REPORT IN`| ||`CRIME NO. 541/2018 OF KUNNAMKULAM`| ||`POLICE STATION, THRISSUR DISTRICT`| ||`PENDING ON THE FILES OF JUDICIAL FIRST`| ||`CLASS MAGISTRATE COURT, KUNNAMKULAM.`| |`Annexure A3`|`AFFIDAVIT SWORN BY THE DEFACTO`| ||`COMPLAINANT IN FAOVUR OF THE`| ||`PARTITIONER DATED 31.08.2021.`|