Santhosh vs State Of Kerala

Ziyad Rahman A.A., J

The petitioners are accused Nos.2 to 6 in Crime No.349/2010 of Chirayinkeezhu Police Station, Thiruvananthapuram which is now pending as C.C.No.1230/2013 on the file of the Judicial First Class Magistrate Court-1, Attingal. The offences alleged against the petitioners and 1st accused are under Sections 143,147,148,149,324 and 451 of the Indian Penal Code (IPC).

The prosecution case is that, on 3.6.2010 at 11.50 a.m., the 2nd and 3rd respondents were attacked by the petitioners and caused injuries to them. Annexure-2 is the F.I.R and Annexure-3 is the final report. The 1st accused passed away on 18.7.2021 and the proceedings against him now stand abated. This Crl.M.C. is filed by the petitioners praying for quashing all further proceedings pursuant to Annexure-3 final report.

Heard Sri. Sarin Panicker, the learned counsel for the petitioners, Smt. Seena C., the learned Public Prosecutor for the State and Smt. Vidya G. Nair, the learned counsel for the 2nd and 3rd respondents.

The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexure-4 and Annexure-5 affidavits sworn by the respondents No.2 and 3 respectively are produced. The fact of settlement is acknowledged in the aforesaid affidavits and it is also specifically stated that the 2nd and 3rd respondents have no subsisting grievances against the petitioners herein. The 2nd and 3rd respondents also clearly expressed their no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the 2nd and 3rd respondents also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein. The veracity of the settlement has been examined by the Station House Officer concerned by contacting the 2nd and 3rd respondents.

On going through the nature of allegations as contained in Annexure-3 final report, it can be seen that the dispute is basically private in nature. No serious offences are attributed against the petitioners. Considering the settlement arrived at between the parties, the chances of a successful prosecution are very bleak and hence no fruitful purpose would be served if the proceedings are allowed to continue. 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 Cr.P.C. can be invoked.

Accordingly this Crl.M.C. is allowed. All further proceedings in C.C.No.1230/2013 pending before the Judicial First Class Magistrate Court-1, Attingal pursuant to Crime No.349/2010 of Chirayinkeezhu Police Station are hereby quashed.