Ameer Karuvantda and Others vs State of Kerala and Others

Alexander Thomas, J.—The petitioners herein are accused Nos. 1 to 4 in the impugned Annexure-A Final Report/Charge Sheet in Crime No. 760/2014 of Vatakara Police Station, Kozhikode District registered for offence under Secs. 43 , 147 , 148 , 341 , 323 , 324 , 308 & 149 IPC. The prosecution allegation is that the petitioners attacked the 2nd respondent with an iron rod and wooden stick on his head and if the 2nd respondent-defacto complainant had not evaded the attack death could have been caused. The police after investigation submitted impugned Annexure-A Final Report/Charge Sheet in the above said crime which has led to the pendency of C.P. No. 134/2014 on the file of the Judicial First Class Magistrate Court, Vatakara. The petitioners and the 2nd respondent-defacto complaint are neighbours. It is stated that now the matter has been settled between the parties as borne out by the affidavit sworn to by the 2nd respondent which has been produced in this Crl.M.C. It is in the light of these aspects the instant Crl.M.C has been filed with the prayer for quashing the impugned criminal proceedings.

Heard Sri. P.M. Habeeb, learned counsel for the petitioners, Smt. Mary Ranzom Louiz, learned counsel for the 2nd respondent and the learned Public Prosecutor appearing for the 1st respondent.

The learned counsel for the petitioner reiterated the submissions and contentions in the Crl.M.C. The learned counsel for the 2nd respondent submits that they are neighbours and they have settled the disputes between them as borne out by the affidavit and that the 2nd respondent has not sustained serious injuries and that the prayer for quashment may be considered in the light of the aforesaid settlement between the parties.

This Court directed the Public Prosecutor to get specific instructions as to whether the petitioners are involved in any other criminal cases. It is submitted by the learned Public Prosecutor that no other criminal proceedings are pending against the petitioners and also submitted that this Court may consider the prayer of the petitioner for quashment of the impugned criminal proceedings in the light of the legal principles laid down on those aspects of the matter.

Having considered the totality of the facts and circumstances of the case and on a perusal of the Final Report and the related papers made available by both sides it can be seen that though the specific averment in the First Information Statement is that the petitioners had attacked the defacto complainant with iron rod and wooden stick and that if the defacto complainant had not evaded death could have been caused etc, there appears to be not much serious injuries in this case. Even according to the version in the FIS that the incident is said to have occurred on 6.7.2014 and the injured/defacto complainant had reported the same to the police on 8.7.2014 and the FIS was recorded on 9.7.2014. It is also stated by the learned counsel for the 2nd respondent that the matter has been settled between the parties and that the 2nd respondent has not sustained serious injuries in this case. Petitioners herein are aged mid 20''s around the age of 23 and 24. It is clear from a reading of FI statement that the petitioners are residing in the same locality. Therefore, on an overall facts and circumstances of this Court, this Court is of the considered opinion that the prayer for quashment could be considered especially in view of the legal principle laid down by the Apex Court in paragraph 29.6 and 29.7 of the decision in Narinder Singh and Others Vs. State of Punjab and Another, . In this view of the matter, having regard to the facts and circumstances of the case, this Court is of the opinion that the prayer for quashment could be allowed.

Accordingly, it is ordered in the interest of justice that the impugned Annexure-A Final Report/Charge Sheet in Crime No. 760/2014 of Vatakara Police Station which is now pending as C.P. No. 134/2014 on the file of the Judicial First Class Magistrate Court, Vatakara and all further proceedings arising therefrom against the petitioners stand quashed. The petitioners shall produce a certified copy of this order before the Station House Officer concerned as well as before the court below concerned.

With these observations and directions, this Crl.M.C stands finally disposed of.