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.1120/2020 OF Kattoor Police Station, Thrissur AGAINST THE ORDER/JUDGMENT IN CC 1385/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA PETITIONERS/ACCUSED NOS.1 TO 3 :- 1 UNNIKRISHNAN AGED 53 YEARS S/O.BALAKRISHNAN, THAKLIYAMPARAMBIL HOUSE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 122 2 SANTHOSH AGED 50 YEARS S/O.SALGUNAN, POLASSERY HOUSE, PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 122 3 RAGHUNATHAN AGED 60 YEARS S/O.BALAKRISHNAN, THAKLIYAMPARAMBIL HOUSE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 122 BY ADV N.L.BITTO RESPONDENTS/STATE OF KERALA AND THE COMPLAINANTS :- 1 STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM 682 031 2 ANSHAD ABDULLA AGED 24 YEARS S/O.ABDULLA, NEDUMPURAKKAL HOUSE, EDATHIRINJI DESOM, EDATHIRINJI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 122 3 VISHNU AGED 26 YEARS S/O.THILAKAN, PERUMPILLY HOUSE, HOUSE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 BY ADV K.SUDHINKUMAR 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 accused Nos.1 to 3 in Crime No.1120/2020 of Kattoor Police Station,now pending as C.C.No.1385 of 2021 before the Judicial First Class Magistrate- I, Irinjalakkuda and the offences alleged against the petitioners are under Sections 341, 323, 324 r/w Section 34 of the Indian Penal Code.
2. The allegation is that on 13.12.2020 when the
defacto complainant questioned the petitioners when their vehicle hit on his shoulder, these petitioners attacked him by an iron rod. Thereby they have committed the aforesaid offences.
3. Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for respondents 2 and 3.
4. It is submitted by respective counsel that the
petitioners and respondents 2 and 3 have arrived at an amicable settlement and Annexures A-IIII and IV 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 respondents 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 A1 FIR and A-II Final Report all further proceedings in C.C.No.1385 of 2021 on the files of the Judicial First Class Magistrate Court-I, Irinjalakuda in Crime No.1120 of 2020 of Kattoor Police Station against petitioners 1 to 3. The Crl.MC is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE SMA APPENDIX PETITIONER ANNEXURES :- Annexure I A TRUE COPY OF THE FIR IN CRIME NO.1120 OF 2020 OF THE KATTOOR POLICE STATION DATED 19.12.2021 Annexure II A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1120 OF 2020 OF THE KATTOOR POLICE STATION SUBMITTED ON 4/5/2021 Annexure III ORIGINAL OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 22/9/2021 Annexure IV ORIGINAL OF THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 22/9/2021