Vineeth Vijayan and Others v State of Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 19[TH] DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 CRL.MC NO. 648 OF 2024 ``` ``` CRIME NO.40/2018 OF BALUSSERY POLICE STATION, KOZHIKODE AGAINST THE ORDERvDATED IN CC NO.671 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA PETITIONERS/1 TO 4 ACCUSED: ``` - **`1 VINEETH VIJAYAN AGED 33 YEARS KOTTAPPADY P.O, THRISSUR., PIN - 680505`** - **`2 SUJESH K S AGED 34 YEARS S/O. SURENDRAN, KARATTU HOUSE, MUNDUR, ANJUR P.O, THRISSUR., PIN - 680541`** - **`3 MIDHUN V J AGED 33 YEARS S/O. JAYARAJAN, VAZHAPPULLY HOUSE, KAIPARAMBU P.O, THRISSUR., PIN - 680546`** - **`4 SANJAY KUMAR AGED 28 YEARS S/O. UNNIKRISHNAN, VADAKKEPURAKKAL HOUSE, KUTTUR P.O, THRISSUR., PIN - 680013 BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA JAYKAR.K.S. C.SIVADAS`** ## **`RESPONDENTS/STATE/COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031`** - **`2 THE SUB INSPECTOR OF POLICE BALUSSERY STATION, KOZHIKODE., PIN - 673612`** - **`3 NISHIDHA AGED 34 YEARS W/O. SUNILKUMAR, THANCHALAKKUNNUMMAL HOUSE, BALUSSERY P.O, KOZHIKODE., PIN - 673612`** Crl.M.C.No.648 of 2024 -:2:- ## **`4 SUNILKUMAR S/O. SANKUNNI, THANCHALAKKUNNUMMAL HOUSE, BALUSSERY P.O, KOZHIKODE., PIN - 673612 BY ADV HALVI KOTTAPPALLY SUDHAKARAN`** ## **`OTHER PRESENT:`** ## **`SR PP SRI C S HRITHWIK`** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON ``` ``` 19.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.648 of 2024 ## -:3:- Dated this the 19[th] day of March, 2024 ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 First Information Report [FIR] & Annexure-A2 Final report and all further proceedings in C.C.No.671/2018 of the Judicial First Class Magistrate Court-II, Perambra, Kozhikode. 2. The petitioners are the accused 1 to 4 in Crime No.40/2018 of the Balussery Police Station, Kozhikode, registered against them at the instance of the third respondent, for allegedly committing the offences punishable under Sections 341, 323, 427, 451 and 354 r/w Section 34 of the Indian Penal Code, 1860. 3. The crux of the prosecution is that: on 18.01.20218, the petitioners trespassed into the ## Crl.M.C.No.648 of 2024 ## -:4:- residence of the defacto complainant and wrongfully restrained them. Thus, the accused have committed the above offences. 4. Heard; Sri.Susmith Kumar. T.D., the learned counsel appearing for the petitioners, Sri. C.S. Hrithwik., the learned Senior Public Prosecutor appearing for the first and second respondents and Sri.Halvi. K.S, the learned counsel appearing for the respondents 3 and 4. 5. The learned counsel for the petitioners submitted that the subject matter in dispute between the petitioners and the third respondent has been amicably settled out of court, and the third respondent has voluntarily executed Annexure A3 affidavit, stating that she has no objection and in all further proceedings in the above crime being quashed. Hence, the petition may be allowed. ## Crl.M.C.No.648 of 2024 -:5:- 6. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the parties has been settled and the third respondent has voluntarily signed Annexure-A3 affidavit. 7. The learned counsel for the third respondent also submitted that the dispute between the parties has been settled and the third respondent has no subsisting grievance as against the petitioners. The said submission is recorded. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the Crl.M.C.No.648 of 2024 ## -:6:- High Court is satisfied that an amicable settlement has been arrived at between the parties and the offences are not serious in nature involving mental depravity, criminal proceedings may be quashed. 9. On a consideration of the facts, the rival submissions made across the Bar, and the materials on record, especially after going through Annexure-A3 affidavit sworn in by the third respondent, which has been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony in society. Hence, I am inclined to allow the petition. ## Crl.M.C.No.648 of 2024 -:7:- In the result, the Crl.M.C is allowed by quashing Annexure-A1 First Information Report [FIR] & Annexure-A2 Final report in Crime No.40/2018 of Balussery Police Station, Kozhikode and all further proceedings in C.C.No.671/2018 of the Judicial First Class Magistrate Court-II, Perambra, Kozhikode, as against the petitioners. The Crl.M.C is ordered accordingly. Sd/- **C.S.DIAS,JUDGE** mtk/19.03.24 Crl.M.C.No.648 of 2024 ## -:8:- ## **`APPENDIX OF CRL.MC 648/2024`** ``` PETITIONER ANNEXURES ANNEXURE A-1THE CERTIFIED COPY OF THE FIR DATED 18/01/2018 IN CRIME NO. 40 OF 2018 OF THE BALUSSERY POLICE STATION ALONG WITH FIS ANNEXURE A-2THE CERTIFIED COPY OF THE FINAL REPORT NO. 384/18 DATED 06-03-2018 OF BALUSSERY POLICE STATION ANNEXURE 3AFFIDAVIT DATED 03/01/2024 SWORN BY THE 3RD RESPONDENT ANNEXURE A-4THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 15-02-2024. ```