Thushar and Prasanth v. State of Kerala and Sabu

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 19[TH] DAY OF MAY 2022 / 29TH VAISAKHA, 1944 ``` ``` CRL.MC NO. 1874 OF 2022 ``` ``` AGAINST THE ORDER/JUDGMENT IN SC 524/2021 OF DISTRICT COURT & ``` ## **`SESSIONS COURT,THODUPUZHA`** ## **`PETITIONERS/ACCUSED 1 TO 2:`** ``` 1THUSHAR AGED 30 YEARS, S/O JOHN CHOORAKKATTU HOUSE, THUILASIPPADY BHAGAM, KANCHIYAR P. O, KOZHIMALA KARA, IDUKKI DISTRICT – 685511 ``` ``` 2PRASANTH AGED 34 YEARS S/O JOHN, CHOORAKKATTU HOUSE, THUILASIPPADY BHAGAM, KANCHIYAR P.O, KOZHIMALA KARA, IDUKKI DISTRICT – 685511 ``` ``` BY ADVS. P.T.SHEEJISH P.P.RAVOOF P.K.PURUSH JASHITHA VIJAYAN A.ABDUL RAHMAN (A-1917) STEPHY GRACE RAJ SREERAM P M.HARIKIRAN R.RATHIN P.K.VIDYA ``` ## **`RESPONDENTS/STATE & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 ``` ``` 2SABU AGED 50 YEARS, S/O SAINUDEEN, KOLLAMPARAMBIL HOUSE, LAKSHAMVEEDU BHAGAM, ELAPPARA VILLAGE, PEERUMADE, IDUKKI DISTRICT., PIN – 685531 ``` ``` 2 ``` ## **`CRL.MC NO. 1874 OF 2022`** ``` BY ADV ADV.VARNIBHA.T Adv. SREEJA V- Sr. P P ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 1874 OF 2022 ``` ``` 3 ``` ## **`ORDER`** The petitioners are the accused in Crime No.105/2022 of Peerumedu Police Station, Idukki District, which is now pending as S.C. No.524/2021 on the file of Assistant Sessions Court, Thodupuzha. The offences alleged against the petitioners are punishable under sections 307,324,323,294(b), and 34 of the Indian Penal Code. 2. The prosecution case is that on 02.03.2020 at 2. p.m., the petitioners have assaulted the 2[nd] respondent / de facto complainant with a helmet and thereby caused injuries. It is also alleged that the petitioners committed the said assault with the intention to commit murder of the de facto complainant. Annexure 1 is the First Information Report and after completing the investigation, Annexure 2 final report was submitted against them. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure 2 final report. 3. Heard Sri.P.T.Sheejish, learned counsel appearing for the petitioners, Smt.Sreeja V., learned counsel appearing for the ``` CRL.MC NO. 1874 OF 2022 ``` ``` 4 ``` State and Sri.Smt.Varnibha T., learned counsel appearing for the 2[nd] respondent / de facto complainant. 4. The prayer for quashing the above proceedings is sought 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 conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2[nd] 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. 5. Going through the materials available on record, it is discernible that the dispute is basically private in nature and on ``` CRL.MC NO. 1874 OF 2022 ``` ``` 5 ``` account of the 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. 6. It is true that Section 307 is also seen incorporated among the offences alleged. The Hon'ble Supreme Court in **Gian Singh v. State of Punjab [2012 (4) KLT 108]** and case (supra) and **State of Madhya Pradesh v. Laxmi Narayan and others [ (2019) 5 SCC 688]** formulated the guidelines relating to the interference to be made by invoking powers of the High Court under Section 482 of Cr.P.C. in the matter involving serious offences including Section 307 of Indian Penal Code. It was observed by the Hon'ble Supreme Court that, even though the proceedings can be quashed under Section 482 of Cr.P.C., based on settlement, in respect of the offences under Section 307 of the Indian Penal Code, the same cannot be normally invoked. However, it was also observed that, upon perusal of the materials available in the final report, if the High Court is of the view that the ``` CRL.MC NO. 1874 OF 2022 ``` ``` 6 ``` offence under Section 307 is not attracted, the proceedings can be quashed in appropriate cases. 7. I have carefully gone through the contents of the final report submitted by the Police in this case. It is discernible that the allegation against the petitioners is that they have assaulted the de facto complainant with a helmet. The learned Public Prosecutor made available a copy of a wound certificate of the de facto complainant. On going through the same, it can be seen that the injuries are not very serious. The allegations contained in the final report do not indicate a pre-meditation on the part of the accused. Moreover, no dangerous weapon was also used, and the allegation is assault with a helmet. Thus, from an overall analysis of the materials, it cannot be safely concluded that the assault made by the petitioners was with an intention to commit the murder of the de facto complainant. The fact that no weapon was used by the petitioners while committing the crime is also a relevant aspect to be taken into consideration. In such circumstances, I am of the view that, the materials available on record do not disclose the offences ``` 7 ``` ## **`CRL.MC NO. 1874 OF 2022`** under Section 307 of the Indian Penal Code. What remains are the offences under Sections 324, 323, 294(b) and Section 34 of the Indian Penal Code. As already indicated, the matter has been settled between the parties and in such circumstances, no fruitful purpose would be served by allowing the prosecution to continue. Thus I find that this is a fit case where the powers of this court under section 482 of Cr.PC can be invoked. Accordingly, this Crl.M.C. is allowed. Annexure 2 Final Report in Crime No.105/2020 of Peerumade Police Station and all further proceedings in S.C.No.524/2021 pending before the Assistant Sessions Court, Thodupuzha are hereby quashed. **Sd/-** ``` ZIYAD RAHMAN A.A. JUDGE ``` SCS ``` 8 ``` ## **`CRL.MC NO. 1874 OF 2022`** ## **`APPENDIX OF CRL.MC 1874/2022`** ``` PETITIONER ANNEXURES Annexure 1CERTIFIED COPY OF THE FIR IN CRIME NO: 105/2020 OF PEERUMADE POLICE STATION Annexure 2CERTIFIED COPY OF THE CHARGESHEET IN SC 524/2021 FROM CRIME NO: 105/2020, OF PEERUMADE POLICE STATION Annexure 3ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT. ```