Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 CRIME NO.165/2019 OF Hosdurg Police Station, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 484/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDRUG PETITIONER/ACCUSED :- 1 SUJITH A AGED 26 YEARS S/O SUKUMARAN A, R/AT CHERIKKAL VEEDU, ATHIKKOTH, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT 2 SARATHKUMAR A, AGED 25 YEARS S/O SHANKARAN A, ATHIKOTH HOUSE, AC NAGAR, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV VIPIN T JOSE RESPONDENTS/STATE/COMPLAINANT :- 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 ARUN M AGED 22 YEARS S/O ANANDAB M, R/AT THEEYANA KOTHI MOOLA, KALYAN ROAD, 3 VIMAL PRASAD K AGED 24 YEARS S/O MADHAVAN, R/AT PALLYATH HOUSE, THEEYANA KOTHI MOOLA, KALYAN ROAD, 4 PRASANTH M AGED 22 YEARS S/O PRABHAKARAN, R/AT MYKANAM HOUSE, KALYAN ROAD, BY ADV A.ARUNKUMAR SRI.RENJITH GEORGE, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are the accused in Crime No.165/2019 of Hosdurg Police Station, which is now pending as C.C.No.484 of 2019 on the files of the Judicial First Class Magistrate-I, Hosdurg and the offences alleged against the petitioners are under Sections 323 and 325 r/w Section 34 of the Indian Penal Code.
2. The allegation is that on 23.02.2019 at 23.00 hours the
accused wrongfully restrained the defacto complainant and his friends and abused them in filthy language and attacked them with stick and hands and thereby committed the aforesaid offences.
3. Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for the respondents 2 to 4.
4. It is submitted by respective counsel that the petitioners
and the respondents 2 to 4 have arrived at an amicable settlement and Annexures A-III to V are the affidavits filed. The affidavits, 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 affidavits referred above, I am satisfied that there has been an amicable settlement and that there is no vitiating circumstances in the respondent filing the affidavits. No purpose will be served by continuing the proceedings in the above circumstances.
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 Annexure A-II Final Report and all further proceedings in C.C.No.484 of 2019 on the files of the Judicial First Class Magistrate Court-I, Hosdurg in Crime No.165 of 2019 of Hosdurg Police Station against these petitioners 1 and 2. The Crl.MC is allowed as above. Sd/- MOHAMMED NIAS C.P. SMA JUDGE APPENDIX PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO 165 OF 2019 HOSDURG POLICE STATION Annexure A11 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 165 OF 2019 OF HOSDURG POLICE STATION
Annexure A111 THE AFFIDAVIT SWORN TO BY THE 2ND Annexure A1V THE AFFIDAVIT SWORN TO BY THE 3RD Annexure AV THE AFFIDAVIT SWORN TO BY THE 4TH