Allowed

Jermaine Joseph Peter v. State of Kerala

Kerala HC23 Jun 2022Crl.MC/495/2022

Case brief

AI extract

What is this about?

High Court at Ernakulam allowed a Criminal Miscellaneous petition seeking quashing of FIR and proceedings in a private dispute case involving assault under IPC Sections 323 and 325. The Court relied on a settlement affidavit and the respondent's confirmation to quash the proceedings by invoking Section 482 Cr.P.C.

What did the court decide?

FIR in Crime No.1503/2021 and all further proceedings including those based on the final report are quashed.

Jermaine Joseph Peter Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶4

THURSDAY, THE 23^RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944

¶5

CRL.MC NO. 495 OF 2022

¶6

[TO QUASH F.I.R. IN CRIME NO.1503/2021 OF ERNAKULAM TOWN SOUTH POLICE

¶7

STATION]

¶8

PETITIONER/SOLE ACCUSED:

¶9

JERMAINE JOSEPH PETER AGED 19 YEARS S/O.JOSEPH JOHN PETER, KARUMANCHERY, 41/3049, I.S.PRESS ROAD, OPP. CENTRAL EXCISE BUILDINGS, ERNAKULAM NORTH, ERNAKULAM DISTRICT, PIN- 682 018.

¶10

BY ADV C.P.ROOPA

¶11

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

¶12

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

¶13

2 K.A. JOSEPH

¶14

AGED 56 YEARS S/O.ANTONY, KOCHERY HOUSE, KRA 64, NORTH COLONY, NETTUR, MARADU, ERNAKULAM DISTRICT, PIN - 682 304.

¶15

R2 BY BY ADV DEEPAK RAJ

¶16

OTHER PRESENT:

¶17

R1 BY ADV. M.P.PRASANTH, SR P P

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

CRL.MC No.495 /2022 2

¶20

O R D E R

¶21

The petitioner is the accused in Crime No.1503/2021 of Ernakulam Town South Police Station, which was registered for the offences punishable under Sections 323 and 325 of the Indian Penal Code (IPC).

¶22

The prosecution case is that, on 1.12.2021 at about 12 p.m., the petitioner assaulted the 2^nd respondent and caused injuries to him. Annexure-I is the F.I.R. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

¶23

Heard Smt.Roopa C.P., the learned counsel

¶24

for the petitioner, Sri.M.P.Prasanth, the learned Public Prosecutor for the State and Sri.Deepak Raj, the learned counsel for the 2^nd respondent.

¶25

It is pointed out by the learned Public

¶26

CRL.MC No.495 /2022 3

¶27

Prosecutor that during the pendency of this Crl.M.C., final report has been filed.

¶28

The prayer for quashing the proceedings is

¶29

sought mainly for the reason that, the dispute between the parties has been settled and to

¶30

substantiate the same, Annexure-II affidavit sworn

¶31

by 2^nd respondent is produced. The fact of

¶32

settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that, the 2^nd respondent has no subsisting grievances against the petitioner herein. The 2^nd respondent

¶33

also clearly expressed his no objection in

¶34

quashing the proceedings against the petitioner.

¶35

The learned counsel appearing for the 2^nd

¶36

respondent also confirms the aforesaid settlement

¶37

and supports the prayer sought for by the petitioner herein. The learned Public Prosecutor upon instructions submitted that, the veracity of

¶38

CRL.MC No.495 /2022 4

¶39

the settlement was verified by the Station House

¶40

Officer concerned and before the SHO also, the 2^nd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievances against the petitioner herein.

¶41

On going through the nature of allegations as contained in Annexure-1 F.I.R, it can be seen that, the dispute is basically private in nature. 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 Cr.P.C. can be invoked.

¶42

CRL.MC No.495 /2022 5

¶43

Accordingly this Crl.M.C. is allowed. All

¶44

further proceedings in Annexure-I F.I.R in Crime No.1503/2021 of Ernakulam Town South Police Station including the proceedings based on the final report are hereby quashed.

¶45

Sd/-

¶46

ZIYAD RAHMAN A.A. JUDGE

¶47

pkk

¶48

CRL.MC No.495 /2022 6

¶49

APPENDIX OF CRL.MC 495/2022

¶50

PETITIONER’S ANNEXURES:

¶51

Annexure I A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1503/2021 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM DISTRICT. Annexure II AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DE FACTO COMPLAINANT DATED 06/01/2022.

Jermaine Joseph Peter v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jermaine Joseph Peter v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajithkumar R. Vs State of Kerala

Vineesh Vs State of Kerala

Vineeth Vs State of Kerala

Abu Soofiyan Vs State of Kerala

Vishal Pavithran Vs State of Kerala

Suneer Vs State of Kerala