Shagil vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2021

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Citation: sooperkanoon.com/1673583
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jul 29, 2021
Case Number: Crl.MC/4153/2020

Parties & Advocates

Appellant / Petitioner

Shagil

Respondent

State of Kerala

Excerpt

.....house, villiappally p.o, badagara, kozhikode 673 542by adv asha b.mathew other present: sri.c.s.hrithwik-sr.pp this criminal misc. case having come up for admission on 29.07.2021, the court on the same day delivered the following: crl.mc no. 4153 of 2020 2orderdated this the 29th day of july, 2021 the petitioner is the sole accused in crime no.159/2019 of badagara police station for having allegedly committed offences punishable under section 120(o) of the kerala police act. the petitioner submits that the matter has been amicably settled with the defacto complainant and that the entire proceedings charged against him may therefore be quashed.2. the defacto complainant is the 2nd respondent herein and hehas appeared through the counsel and filed an affidavit to the effect that the matter has been amicably settled and he has no grievance against the petitioner and that the entire proceedings as against the petitioner may be quashed.3. the learned public prosecutor has also appeared andobtained instructions regarding the genuineness of the settlement. there is no public interest involved. hence, the petition is allowed and the entire proceedings as crl.mc no. 4153 of 2020 3 against the petitioner in crime no.159/2019 of badagara police station, stands quashed under section 482 of the code of criminal procedure and the accused is discharged and set at liberty. sd/- ashok menon judge ska crl.mc no. 4153 of 2020 4 appendix of crl.mc 4153/2020 petitioner's annexure annexure 1 the certified copy of the fir in crime no. 2019 on the files of judicial first class magistrate court, vatakara annexure ii the original affidavit of the 2nd respondent dated 30-08-2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 CRL.MC NO. 4153 OF 2020 PETITIONER: SHAGIL AGED 29 YEARS S/O. GOPALAKRISHNAN, SHAGIL NIVAS, VILLAIAPPALLY P.O, BADAGARA, KOZHIKODE 673 542 BY ADVS. BIJU ABRAHAM SRI.E.V.LIJEESH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 31 2 SUDHEER K.M AGED 48 YEARS S/O. KUNHIRAMAN, KUYIMBIL MEETHAL HOUSE, VILLIAPPALLY P.O, BADAGARA, KOZHIKODE 673 542
BY ADV ASHA B.MATHEW OTHER PRESENT: SRI.C.S.HRITHWIK-SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.MC NO. 4153 OF 2020 2

ORDER

Dated this the 29th day of July, 2021 The Petitioner is the sole accused in Crime No.159/2019 of Badagara Police Station for having allegedly committed offences punishable under Section 120(o) of the Kerala Police Act. The petitioner submits that the matter has been amicably settled with the defacto complainant and that the entire proceedings charged against him may therefore be quashed.

2. The defacto complainant is the 2nd respondent herein and he

has appeared through the counsel and filed an affidavit to the effect that the matter has been amicably settled and he has no grievance against the petitioner and that the entire proceedings as against the petitioner may be quashed.

3. The learned Public Prosecutor has also appeared and

obtained instructions regarding the genuineness of the settlement. There is no public interest involved. Hence, the petition is allowed and the entire proceedings as CRL.MC NO. 4153 OF 2020 3 against the petitioner in Crime No.159/2019 of Badagara Police Station, stands quashed under Section 482 of the Code of Criminal Procedure and the accused is discharged and set at liberty. Sd/- ASHOK MENON JUDGE ska CRL.MC NO. 4153 OF 2020 4 APPENDIX OF CRL.MC 4153/2020 PETITIONER'S ANNEXURE ANNEXURE 1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA ANNEXURE II THE ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT DATED 30-08-2020

Same Court & Year Kerala · 2021 Same Parties Shagil vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon