Muhammed Shahid vs State Of Kerala

Ziyad Rahman A.A., J

Petitioners are the accused Nos.1 to 4 in S.C.No.973 of 2021 on the file of District and Sessions Court, Manjeri. The aforesaid case arises from Crime No.172 of 2021 of Perinthalmanna Police Station, which was registered for the offences punishable under Section 308, 323, 324, 427 read with Setion 34 IPC.

The prosecution case is that, on 03.04.2021 at 12 noon, the accused persons attacked respondents 2 to 4, who are members of rival political party in connection with certain dispute regarding election. The said assault was made with iron rods and steel bracelet and in the said attack they sustained injuries. Annexure-A1 is the FIR registered and Annexure-A2 is the final report. This Crl.M.C is filed by the petitioners seeking to quash all further proceedings in the aforesaid FIR.

Heard Sri.C.M.Kammappu, learned counsel for the petitioners and Sri.V.Sreeja, learned Public Prosecutor for the State.

The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3, A4 and A5 affidavits sworn by the respondents are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavits, the respondents have expressly acknowledged the aforesaid settlement and also conveyed their no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

Even though offence under Section 308 IPC is also seen incorporated in the final report, on perusal of the records, it is seen that no serious injuries are sustained by any of the victims. Considering the allegations contained in Annexure-A2 final report, it is doubtful as to whether offence under Section 308 IPC would get attracted.

Hence, I am inclined to invoke the powers of this Court under Section 482 Cr.P.C, despite the fact that the offences under Section 308 IPC is also there along with the offence alleged.

In the result, this Crl.M.C. is allowed and Annexure-A2 final report submitted in Crime No.172 of 2021 of Perinthalmanna Police Station and all further proceedings in S.C.No.973 of 2021 on the file of the District and Sessions Court, Manjeri are hereby quashed.