Allowed

Rayees, v. Remeshan

Kerala HC1 Sept 2022Crl.MC/248/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous case seeking quashing of proceedings against the petitioner. Applying the Gian Singh principles, the court quashed the charges under the Indian Penal Code due to a genuine settlement between the parties in a private dispute.

What did the court decide?

Quashing of Annexure-I final report and all further proceedings in S.C. No.496/2018 against the petitioner.

Rayees, Vs Remeshan — Quashing and FIR | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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THURSDAY, THE 1^ST DAY OF SEPTEMBER 2022/10 TH BHADRA, 1944

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CRL.MC NO. 248 OF 2022

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SC 496/2018 OF SUB COURT, VADAKARA

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PETITIONER/S:

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RAYEES, AGED 29 YEARS S/O.MOOSA, THAYYULLA PARAMBIL HOUSE, P.O.POOLAKOOL, CHERAPURAM, VATAKARA TALUK, BY ADVS. ZUBAIR PULIKKOOL SALMANUL FASIL O.P.

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RESPONDENT/S:

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1 REMESHAN, AGED 34 YEARS

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S/O.CHATHAN, EDAYAPAROTH METHAL HOUSE, P.O. CHERAPURAM, VATAKARA TALUK, KOZHIKODE-673 507.

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2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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ADDL.3 SAJILESH, S/O KUNHIRAMAN, THUNDIYIL HOUSE, PO CHERAPURAM, VATAKARA TALUK, KOZHIKODE

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(ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 01.09.2022 IN CRL.M.A. NO.3/2022) BY ADVS. SEENA.K SALMANUL FASIL O.P. SMT. SREEJA V., SR. P.P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.248/2022

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ORDER

Dated this the 1^st day of September, 2022

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The petitioner is the 5^th accused in crime No.416/2012 of Kuttiyadi Police Station, which is now pending as S.C. No.496/2018 before the Assistant Sessions Court, Vatakara. The offences alleged against the petitioner and other accused are under Sections 143, 147, 148, 324 and 308 read with Section 149 of the Indian Penal Code.

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The prosecution case is that, on 05.08.2012 at about 9 p.m., the accused persons formed into an unlawful assembly and assaulted respondents Nos.1 and 3 thereby causing injuries to them. Annexure-I is the final report submitted by the Police.

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Earlier, accused Nos.1 to 4 have faced the trial pursuant to Annexure-I as S.C. No.799/2013 before the Assistant Sessions Court, Vatakara and it culminated in Annexure-II judgment. As per the said judgment, all the said accused persons were found not guilty and accordingly they were acquitted. The prosecution

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Crl.M.C.No.248/2022

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against the 6^th accused is quashed by this Court as per AnnexureA5 order passed in Crl.M.C. No.5581/2016. The proceedings against the petitioner is now pending as S.C. No.496/2018 before the Assistant Sessions Court, Vatakara. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

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Heard Sri. Zubair Pulikool, the learned counsel appearing for the petitioner, Smt. Sreeja V., the learned Senior Public Prosecutor for the State and Smt. Seena K., the learned counsel appearing for the 1^st respondent.

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The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexures-III and 4 affidavits sworn by respondent Nos.1 and 3 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavits, respondent Nos.1 and 3 had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for respondent Nos.1 and 3 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

Crl.M.C.No.248/2022

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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.

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In the result, this Crl.M.C. is allowed and Annexure-I final report submitted in crime No.416/2012 of Kuttiyadi Police Station and all further proceedings in S.C. No.496/2018 on the files of the Assistant Sessions Court, Vatakara, against the petitioner are hereby quashed.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

Crl.M.C.No.248/2022

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APPENDIX OF CRL.MC 248/2022

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PETITIONER ANNEXURES

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Annexure I TRUE COPY OF FIR WITH POLICE CHARGE IN CRIME NO.416/2012 OF KUTTIADI POLICE STATION. Annexure II TRUE COPY OF THE JUDGMENT IN SC 799/2015 ON THE FILE OF ASSIST. SESSIONS JUDGE, VATAKARA. Annexure III SWORN AFFIDAVIT OF THE FIRST RESPONDENT. ANNEXURE A4 AFFIDAVIT SWORN BY ONE OF THE INJURED SAJILESH (ADDITIONAL R3) ANNEXURE A5 ORDER COPY IN CRL.M.C.5581/2016

Rayees, v. Remeshan

Case brief

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Rayees, v. Remeshan

Case brief

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