Anzar vs State of Kerala

ANZAR vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 29, 2022

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https://sooperkanoon.com/case/1444023

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Citation: sooperkanoon.com/1444023
Court: Kerala High Court
Judge: Honourable Mr.Justice Basant Balaji
Decided On: Apr 29, 2022
Case Number: Crl.MC/421/2022

Parties & Advocates

Appellant / Petitioner

ANZAR

Respondent

State of Kerala

Excerpt

.....madavoor village, thiruvananthapuram district - 695602. by adv a.muhammed raffiother present: sri. sanal p.raj-pp this criminal misc. case having come up for admission on 29.04.2022, the court on the same day passed the following:orderpetitioners are accused in crime no.294/2015 of pallickal police station registered offences punishable under sections 294(b), 324, 342, 323 r/w 34 of ipc.2. heard.3. it has been submitted by the learned counsel for theparties and the learned public prosecutor that the matter has been settled between the parties. the third respondent, who is the de- facto complainant, filed affidavit stating that the matter has been settled between the parties and hence, he has no further grievance against the petitioners. since the matter has been settled between the parties, quashing the said offence would secure the ends of justice. for the said reason, i am inclined to quash annexure 1 fir and annexure 2 final report in crime no.294/2015 of pallickal police station and all further proceedings against the petitioners in c.c.no.1019/2015 of judicial first class magistrate court-ii, attingal, in exercise of the inherent power under section 482 cr.p.c., to meet the ends of justice and accordingly, i order so. in the result, this crl.m.c. stands allowed. sd/- basant balaji, judge rps/ appendix of crl.mc 421/2022petitioner annexures annexure 1 the copy of fir with fis in crime no.294/2015 of pallickal police station dated 12.04.2015. annexure 2 the copy of final report in crime no.294/2015 of pallickal police station dated nil. annexure a3 the affidavit sworn by the 3rd respondent dated 15.01.2022.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944 CRL.MC NO. 421 OF 2022 AGAINST THE ORDER/JUDGMENT IN CC 1019/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL PETITIONERS/ACCUSED NOS. 1 TO 3: 1 ANZAR 2 ANWAR AGED 31 YEARS 3 NIJAF S/O. NUJUMUDEEN, CHARUVILA PUTHEN VEEDU, PULIYOORKONAM, MADAVOOR BY ADVS. K.SIJU ANJANA KANNATH T.S.SREEKUTTY RESPONDENTS/STATE & INJURED:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE STATION HOUSE OFFICER PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695604. 3 SOURAV AGED 41 YEARS S/O. JAGANADHAN, KUNNATHU VEEDU, CHANGAYILKONAM, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602. BY ADV A.MUHAMMED RAFFI

OTHER PRESENT: SRI. SANAL P.RAJ-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioners are accused in Crime No.294/2015 of Pallickal Police station registered offences punishable under sections 294(b), 324, 342, 323 r/w 34 of IPC.

2. Heard.

3. It has been submitted by the learned counsel for the

parties and the learned Public Prosecutor that the matter has been settled between the parties. The third respondent, who is the de- facto complainant, filed affidavit stating that the matter has been settled between the parties and hence, he has no further grievance against the petitioners. Since the matter has been settled between the parties, quashing the said offence would secure the ends of justice. For the said reason, I am inclined to quash Annexure 1 FIR and Annexure 2 final report in Crime No.294/2015 of Pallickal Police Station and all further proceedings against the petitioners in C.C.No.1019/2015 of Judicial First Class Magistrate Court-II, Attingal, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so. In the result, this Crl.M.C. stands allowed. Sd/- BASANT BALAJI, JUDGE rps/ APPENDIX OF CRL.MC 421/2022

PETITIONER ANNEXURES Annexure 1 THE COPY OF FIR WITH FIS IN CRIME NO.294/2015 OF PALLICKAL POLICE STATION DATED 12.04.2015. Annexure 2 THE COPY OF FINAL REPORT IN CRIME NO.294/2015 OF PALLICKAL POLICE STATION DATED NIL. Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 15.01.2022.

Same Court & Year Kerala · 2022 Same Parties ANZAR vs State of Kerala Same Judge Honourable Mr.Justice Basant Balaji