Allowed

Shaniraj v. State of Kerala

Kerala HC20 Jul 2022Crl.MC/758/2022

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings initiated against the petitioner for offences including assault and intentional injury following a settlement between the parties and the submission of a final report by the prosecution.

What did the court decide?

The FIR in Crime No.1954/2021 and all further proceedings thereto, including proceedings in C.P.No.2/2022, were quashed against the petitioner.

Shaniraj Vs State of Kerala — 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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WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944

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CRL.MC NO. 758 OF 2022

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CRIME NO.1954/2021 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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SHANIRAJ

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AGED 40 YEARS

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SHILPA BHAVAN, KANNANGARA KONAM, THONNAKKAL
THIRUVANANTHAPURAM DISTRICT., PIN – 695317

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BY ADV P.ANOOP (MULAVANA)

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RESPONDENTS/STATE, DEFACTO COMPLAINANT:

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1 STATE OF KERALA

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

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2 GIREESH

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S/O RRAVEENDRAN NAIR,

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THEKKEVILA VEEDU, KANNANGARAKONAM, MELTHONAKKAL,
THIRUVANANTHAPURAM DISTRICT., PIN – 695317

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3 SANTHOSH

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S/O GOPINATHAN NAIR
JJ NIVAS, SASTHAVATOOM DESOM, AVOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN – 695305

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BY ADV.

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SMT. SREEJA V.-PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 758 OF 2022

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2

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ORDER

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The petitioner is the accused in Crime No.1954/2021 of

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Mangalapuram Police Station which was registered for the offences punishable under Sections 294(b), 341, 324 and 308 of Indian Penal Code.

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The prosecution case is that on 06.12.2021at 16.00 hours, due to previous enmity, the petitioner abused 2^nd and 3^rd respondents and attacked them. Annexure 1 is the First Information Statement registered in this case. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

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Heard Sri.P.Anoop Mulavana, leaned counsel appearing for petitioner for the petitioner, Smt.Sreeja V. Learned Public Prosecutor appearing for the State and Smt. Tintumol P.R., learned counsel appearing for Respondents 2 and 3. The learned Public Prosecutor pointed out that the final report in this case has already been submitted and the same is now pending as C.P. No.2/2022 before the Judicial First Class Magistrate Court II, Attingal.

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The prayer for quashing the above proceedings is sought for

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by the petitioner on the ground that, the dispute between the parties has

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been settled and to substantiate the same, the injured persons have sworn

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CRL.MC NO. 758 OF 2022

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Annexure 2 and Annexure 3 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons 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/injured persons 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 injured persons 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 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

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CRL.MC NO. 758 OF 2022

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4

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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 under Section 308 of

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India Penal Code. However, on perusal of the records it is seen that, no serious injuries have been sustained by the victim. In such circumstances, taking note of the settlement arrived at between the parties I am inclined to invoke jurisdiction of this Court under Section 482 of Cr.P.C.

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Accordingly, this Crl.M.C. is allowed. Annexure 1 First Information Report in Crime No.1954/2021 of Mangalapuram Police Station and all further proceedings thereto including the proceedings in C.P.No.2/2022 pending before the Judicial First Class Magistrate Court II, Attingal as against the petitioner 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. 758 OF 2022

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APPENDIX OF CRL.MC 758/2022

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PETITIONER ANNEXURES
Annexure1TRUE COPY OF THE FIR IN CRIME NO.
1954/2021 OF MANGALAPURAM POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
Annexure2TRUE COPY OF THE AFFIDAVIT FILED BY THE
2ND RESPONDENT
Annexure3TRUE COPY OF THE AFFIDAVIT FILED BY THE
3RD RESPONDENT

Shaniraj v. State of Kerala

Case brief

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Shaniraj v. State of Kerala

Case brief

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