Aneesh vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 12, 2022

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https://sooperkanoon.com/case/1445844

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Citation: sooperkanoon.com/1445844
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Apr 12, 2022
Case Number: Crl.MC/599/2022

Parties & Advocates

Appellant / Petitioner

Aneesh

Respondent

State of Kerala

Excerpt

.....thrissur district and the offences alleged against the petitioner is under sections 308, 324, 341 and 506 of the indian penal code.2. the allegation is that on 31.03.2019 at about7.00 p.m., the accused wrongfully restrained the 2 nd respondent/defacto complainant as well as assaulted and injured him and thereby committed the aforesaid offences.3. heard the learned counsel for the petitioner, the learned public prosecutor as well as the learned counsel for the second respondent.4. it is submitted by respective counsel that the petitioner and the second respondent have arrived at an amicable settlement and annexure 3 is the affidavit filed. the affidavit, inter alia, state that all the disputes are settled and that the pendency of criminal proceeding would cause hardship to all the parties.5. from the submission across the bar andperusing the criminal m.c. and the affidavit referred above, i am satisfied that there has been an amicable settlement and that there is no vitiating circumstances in the respondent filing the affidavit. no purpose will be served by continuing the proceedings in the above circumstances. it is submitted by the learned public prosecutor that the statement of the defacto complainant has also been taken to verify the genuineness of the settlement.6. in view of the judgment of the hon'ble supreme court in gian singh v. state of punjab and another [2012 (10) scc 303] and considering thefacts and circumstances of the case and in exercise ofpower of this court under section 482 of the code of criminal procedure, i hereby quash annexures 1 and 2, fir and final report respectively and all further proceedings in crime no.260/2019 of koratty police station, thrissur district against this petitioner. the crl.mc is allowed as above. sd/- mohammed nias c.p. judgessk/12/04 appendix petitioner's: annexure1 a certified copy of fir dated 01/04/2019 in crime no.260/2019 of koratty police station, thrissur district annexure2 a certified copy of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944 CRL.MC NO. 599 OF 2022 CRIME NO.260/2019 OF Koraty Police Station, Thrissur PETITIONER: ANEESH AGED 32 YEARS SON OF AYYAPPAN KAKKATT HOUSE, WEST KORATTY DESOM, KALLUR THEKKUM MURRY VILLAGE THRISSUR, PIN - 680308 BY ADV JITHIN BABU A RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 DAVIS AGED 55 YEARS EDATHIPARAMBIL HOUSE,WEST KORATTY DESOM , KALLUR, THEKUM MURRY, KORATTY THRISSUR, PIN - 680308 BY ADV Arun Samuel BY SRI. M.P.PRASANTH, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 12th day of April, 2022 Petitioner is the sole accused in Crime No.260/2019 of Koratty Police Station, Thrissur District and the offences alleged against the petitioner is under Sections 308, 324, 341 and 506 of the Indian Penal Code.

2. The allegation is that on 31.03.2019 at about

7.00 p.m., the accused wrongfully restrained the 2 nd respondent/defacto complainant as well as assaulted and injured him and thereby committed the aforesaid offences.

3. Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel for the second respondent.

4. It is submitted by respective counsel that the petitioner and the second respondent have arrived at an amicable settlement and Annexure 3 is the affidavit filed. The affidavit, inter alia, state that all the disputes are settled and that the pendency of criminal proceeding would cause hardship to all the parties.

5. From the submission across the Bar and

perusing the criminal M.C. and the affidavit referred above, I am satisfied that there has been an amicable settlement and that there is no vitiating circumstances in the respondent filing the affidavit. No purpose will be served by continuing the proceedings in the above circumstances. It is submitted by the learned Public Prosecutor that the statement of the defacto complainant has also been taken to verify the genuineness of the settlement.

6. In view of the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [2012 (10) SCC 303] and considering the

facts and circumstances of the case and in exercise of

power of this Court under Section 482 of the Code of Criminal Procedure, I hereby quash Annexures 1 and 2, FIR and Final Report respectively and all further proceedings in Crime No.260/2019 of Koratty Police Station, Thrissur District against this petitioner. The Crl.MC is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE

SSK/12/04 APPENDIX PETITIONER'S: Annexure1 A CERTIFIED COPY OF FIR DATED 01/04/2019 IN CRIME NO.260/2019 OF KORATTY POLICE STATION, THRISSUR DISTRICT Annexure2 A CERTIFIED COPY OF FINAL REPORT DATED BEFORE JFCM COURT, CHALAKUDY. Annexure3 THE AFFIDAVIT DATED 24/12/2021 SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT. RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2022 Same Parties Aneesh vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.