Allowed

Haris v. State of Kerala

Kerala HC3 Aug 2022Crl.MC/3263/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition filed by the 5th accused seeking quashing of criminal proceedings. The Court found the dispute was private in nature and had been settled. Relying on Gian Singh v. State of Punjab, the Court invoked its inherent powers under Section 482 Cr.P.C. to quash proceedings due to the settlement, lack of serious injuries, and acquittal of o

What did the court decide?

Criminal Miscellaneous Case No. 3263 of 2022 allowed; final report and all further proceedings in S.C. No. 598 of 2021 against the petitioner are quashed.

Haris Vs State of Kerala — Criminal Trial and Appeal | 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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WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944

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CRL.MC NO. 3263 OF 2022

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S.C.NO.598 OF 2021 OF ASSISTANT SESSIONS COURT, KOZHIKODE CRIME NO.1133 OF 2015 OF VATAKARA POLICE STATION

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PETITIONER/5TH ACCUSED:

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HARIS

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AGED 36 YEARS, S/O MUHAMMED
RESIDING AT THEKKE MACHILOTTU HOUSE, THIRUVALLOOR P.O,
VATAKARA, KOZHIKODE, PIN – 673541

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BY ADV MITHUN P.

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RESPONDENTS/STATE/DEFACTO COMPLAINANT/INJURED:

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1 STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULUM, PIN – 682031

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2ANOOP
AGED 30 YEARS
S/O BABU, RESIDING AT MADAVAN POTTAYIL HOUSE,
ALAVA P.O, VATAKARA, KOZHIKODE DISTRICT, PIN – 673524

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3JASMIN
AGED 29 YEARS
D/O HAMSA, RESIDING AT THEYYATHANKANDI HOUSE,
CHERUSSERY ROAD, VATAKARA, KOZHIKODE DISTRICT,
PIN – 673104

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ADV C S HRITHWIK- SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3263 OF 2022

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2

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ORDER

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The petitioner is the 5^th accused in Crime No.1133/2015 of Vatakara Police Station which is now pending as S.C. No.598/2021 of Assistant Sessions Court, Kozhikode. The offences alleged are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of Indian Penal Code.

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The prosecution case is that, the petitioner along with other accused persons, formed into an unlawful assembly with dangerous weapons and in furtherance of their common intention unlawfully restrained the respondents 1 and 2 and assaulted them with wooden rafters. Annexure A1 is the final report submitted by the Police. This Crl.M.C. is filed by petitioner for quashing all further proceedings pursuant thereto.

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Heard Sri.Mithun P., learned counsel appearing for the petitioner, Sri.C.S. Hrithwik, learned Public Prosecutor appearing for the State and Smt.Harishma P. Thampi, learned counsel appearing for the 2^nd and 3^rd respondents.

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The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the

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CRL.MC NO. 3263 OF 2022

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3

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parties has been settled and to substantiate the same, the respondents 2 and 3 have sworn Annexure A2 and Annexure A3 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the the respondents 2 and 3 have no subsisting grievance against the petitioner herein. They also conveyed that they have no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 2^nd and 3^rd respondents also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the the respondents 2 and 3 have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioner herein.

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Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein

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CRL.MC NO. 3263 OF 2022

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were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. 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 the Code of Criminal Procedure can be invoked.

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It is true that one of the offences is alleged against the petitioner is under Section 308 of Indian Penal Code. However, on perusal of the records it is seen that, two of the accused persons namely, 3^rd and 6^th accused were already acquitted by the learned Assistant Sessions Judge as per the judgment passed in S.C. No.760/2020. The acquittal of the aforesaid persons was on the basis of settlement arrived at between the parties. Moreover, it is discernible from the records that the injuries sustained by the defacto complainant are not very serious in nature. In such circumstances, taking note of the settlement already arrived at between the parties and the order of acquittal already passed by the learned Assistant Sessions Judge in respect of some of the accused

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CRL.MC NO. 3263 OF 2022

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5

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persons, I do not find any fruitful purpose in continuing the prosecution as against the petitioner. Therefore, I am inclined to invoke the jurisdiction of this Court under Section 482 of Cr.P.C. and to quash the proceedings as against the petitioner.

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Accordingly, this Crl.M.C. is allowed. Annexure A1 final report in Crime No.1133/2015 of Vatakara Police Station and all further proceedings in S.C.No.598/2021 pending before the Assistant Sessions Court, Kozhikode as against the petitioner who is the 5^th accused are hereby quashed.

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 Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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scs

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CRL.MC NO. 3263 OF 2022

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APPENDIX OF CRL.MC 3263/2022

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PETITIONER ANNEXURES

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Annexure A1THE CERTIFIED COPY OF THE FINAL
CHARGE IN CRIME NUMBER: 1133 OF 2015
OF VATAKARA POLICE STATION, KOZHIKODE
DISTRICT
Annexure A2THE AFFIDAVIT DATED 10.05.2022,
SOLEMNLY AFFIRMED BY THE 2ND
RESPONDENT/ DEFACTO COMPLAINANT
Annexure A3THE AFFIDAVIT DATED 10.05.2022,
SOLEMNLY AFFIRMED BY THE 3RD
RESPONDENT/ INJURED

Haris v. State of Kerala

Case brief

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Haris v. State of Kerala

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