Allowed

Fahad. P.P v. State of Kerala

Kerala HC20 Oct 2022Crl.MC/6695/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous case filed to quash prosecution for crimes under Sections 308, 323, 324, 341, and 506(i) IPC, the Kerala High Court allowed the petition and quashed proceedings after observing a recorded private settlement and noting absence of serious injuries.

What did the court decide?

Crl.M.C.No.6695/22 allowed; Annexure-A1 FIR and all further proceedings in S.C.No.29 of 2018 against the petitioner quenched.

Fahad. P.P Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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Crl.M.C.No.6695/22

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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 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

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CRL.MC NO. 6695 OF 2022

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AGAINST THE ORDER/JUDGMENTSC 29/2018 OF SUB COURT, QUILANDY

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PETITIONER/ACCUSED:

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FAHAD.P.P, AGED 29 YEARS, S/O.KUNJABDULLA, PUTHANPURAYIL HOUSE, PALERI P.O, KUTTIADY, KOZHIKODE, PIN – 673 508.

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BY ADVS. T.D.SUSMITH KUMAR C.SIVADAS T.O.DEEPA

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RESPONDENTS/STATE/COMPLAINANT/DE FACTO COMPLAINANT:

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

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2 THE SUB INSPECTOR OF POLICE, PERAMBARA POLICE STATION, KOZHIKODE. , PIN – 673 525.

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3 SHAJI, AGED 43 YEARS, S/O.KUNJIRAMAN, NELLIYULATHIL HOUSE, KUTTIYADI, PALERI P.O, KOZHIKODE, PIN – 673 508.

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SMT.SREEJA.V – SR. PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.6695/22

O R D E R

Petitioner is the accused in Crime No.220 of 2014 of Perambra Police Station, which is now pending as S.C.No.29 of 2018 on the file of the Assistant Sessions Court, Koyilandy. The offences alleged against the petitioner are under Sections 308, 323, 324, 341 and 506(i) read with Section 34 IPC.

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The prosecution case is that, on 16.02.2014 at 9.45 P.M, the accused wrongfully restrained the 3^rd respondent, threatened and assaulted him. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2.

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Heard Sri.Susmith Kumar, learned counsel for the petitioner, Sri.M.P.Prashanth, learned Public Prosecutor for the State and Smt.Amrutha Viduadharan, learned counsel for the 3^rd respondent.

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Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3 affidavit sworn by the 3^rd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3^rd respondent/de facto

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Crl.M.C.No.6695/22 3

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complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 3^rd respondent/de facto complainant 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.

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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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It is true that one of the offence against the petitioner is under Section 308 IPC. However, on perusal of the records, it is seen that no serious injuries were sustained by the 3^rd respondent. In such circumstances, taking into account, the settlement arrived at between the parties, I deem it appropriate to quash the proceedings.

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Crl.M.C.No.6695/22

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In the result, this Crl.M.C. is allowed, and Annexure-A1 FIR submitted in Crime No.220 of 2014 of Perambra Police Station and all further proceedings in S.C.No.29 of 2018 on the file of the Assistant Sessions Court, Koyilandy against the petitioner are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

DG/21.10.22

Crl.M.C.No.6695/22

APPENDIX OF CRL.MC 6695/2022

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PETITIONER ANNEXURES

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Annexure A-1	THE CERTIFIED COPY OF THE FIR DATED 23- 02-2014 IN CRIME NO.220 OF 2014 OF PERAMBARA POLICE STATION ALONG WITH FIS.
Annexure A-2	THE CERTIFIED COPY OF FINAL REPORT NO.377/14 DATED 25/04/2014 OF PERAMBRA.
Annexure A-3	THE AFFIDAVIT DATED 22/09/2022 SWORN BY THE 3RD RESPONDENT.

Fahad. P.P v. State of Kerala

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Fahad. P.P v. State of Kerala

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