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.186/2019 OF VIDYA NAGAR POLICE STATION, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 745/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KASARAGOD PETITIONERS/ACCUSED :- 1 HAMSA. K.I. AGED 30 YEARS S/O. IBRAHIM HAJI, R/AT PANALAM HOUSE, CHEROOR P.O, CHENGALA VILLAGE, KASARAGOD TALUK AND DISTRICT-671 123 2 MUHAMMED RAMEES.P.A., AGED 27 YEARS S/O. ABOOBACKER, R/AT PANALAM HOUSE, CHEROOR P.O, CHENGALA VILLAGE, KASARAGOD TALUK AND DISTRICT-671 123 BY ADV VIPIN T JOSE RESPONDENTS/STATE/DEFACTO COMPLAINANT :- 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 2 ABDUL SWADUQ AGED 28 YEARS S/O. ABDUL KHADER ABOOBACKER, SWADIQ MANZIL, PERUMBALA ROAD, NAYAMMAR MOOLA, CHENGALA VILLAGE, KASARAGOD DISTRICT-671 123 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 accused in Crime No.186/2019 of Vidhyanagar Police Station, which is now pending as C.C.No.745 of 2019 on the files of Judicial First Class Magistrate-I, Kasargod and the offences alleged against the petitioners are under Sections 323 and 324 r/w Section 34 of the Indian Penal Code.
2. The allegation is that on 23.05.2019 at 18.15
hours, the accused due to political rivalry attacked the defacto complainant with wooden stick and hands and caused injury 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 second respondent.
4. It is submitted by respective counsel that the
petitioners and the second respondent have arrived at an amicable settlement and Annexure AIII is the affidavit filed. The affidavit, inter alia, states 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.
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 AII Final Report and all further proceedings in Crime No.186 of 2019 of Vidhyanagar Police Station, now pending as C.C.No.745 of 2019 on the files of the Judicial First Class Magistrate-I, Kasargod against these petitioners.
The Crl.MC is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE SMA APPENDIX PETITIONER ANNEXURES :- Annexure A1 CERTIFIED COPY OF THE FIR CRIME NO.186 OF 2019 OF VIDHYANAGAR POLICE STATION Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.186 OF 2019 OF VIDHYANAGAR POLICE STATION Annexure AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 20.10.2021