Manoj Kumar @ Manoj vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 31, 2021

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https://sooperkanoon.com/case/1713148

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Citation: sooperkanoon.com/1713148
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Dec 31, 2021
Case Number: Crl.MC/6139/2021

Parties & Advocates

Appellant / Petitioner

Manoj Kumar @ Manoj

Respondent

State of Kerala

Excerpt

.....police station, kollam district and the offences alleged against the petitioner are under sections 294(b), 341, 324, 308 and 506(ii) of the indian penal code.2. the allegation is that due to matrimonial disputebetween the petitioner and the defacto complainant on 27.11.2016 at 8 hours, the accused with an intention to attack criminally intimidated the defacto complainant nearby his house and used abusive words, and attacked with a weapon and thereby sustained injury on her head and thereby committed the aforesaid offence.3. heard the learned counsel for the petitioner, the learned public prosecutor as well as the learned counsel for the third respondent.4. it is submitted by respective counsel that the petitionerand the third respondent have arrived at an amicable settlement and annexure c 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 thecriminal 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 courtin 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 b charge sheet and all further proceedings in s.c.no.981/2018 on the files of the assistant sessions court, kottarakkara, in crime no.2340 of 2016 of pooyappally police station against the petitioner herein.the crl.mc is allowed as above. sd/- mohammed nias c.p. judge skk appendix of crl.mc 6139/2021 petitioner’s annexures:- annexure a a true copy of the fir in crime no. annexure b a.....

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 AGAINST THE ORDER IN SC 981/2018 OF THE ASSISTANT SESSIONS COURT, KOTTARAKKARA PETITIONER/ACCUSED: MANOJ KUMAR @ MANOJ AGED 45 YEARS, S/O. SUKUMARAN, MANOJ MANDIRAM VEEDU, MALAYILA, VALIYODU MURI, ELAMADU VILLAGE, KOLLAM DISTRICT. BY ADVS. K.V.ANIL KUMAR RADHIKA S.ANIL RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 682031. 2 THE STATION HOUSE OFFICER POOYAPPALLY POLICE STATION, KOLLAM DISTRICT - 691537. 3 SEEMA AGED 41 YEARS, D/O. LEELA, DEEPA VILASOM, VALIYODU MURI, ELAMADU VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691520. BY ADV MOHANAN M.K. OTHER PRESENT: ADV. ARAVIND V MATHEW-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 petitioner is the accused in Crime No.2340/2016 of Pooyappally Police Station, Kollam District and the offences alleged against the petitioner are under Sections 294(b), 341, 324, 308 and 506(ii) of the Indian Penal Code.

2. The allegation is that due to matrimonial dispute

between the petitioner and the defacto complainant on 27.11.2016 at 8 hours, the accused with an intention to attack criminally intimidated the defacto complainant nearby his house and used abusive words, and attacked with a weapon and thereby sustained injury on her head and thereby committed the aforesaid offence.

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

4. It is submitted by respective counsel that the petitioner

and the third respondent have arrived at an amicable settlement and Annexure C 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 B Charge Sheet and all further proceedings in S.C.No.981/2018 on the files of the Assistant Sessions Court, Kottarakkara, in Crime No.2340 of 2016 of Pooyappally Police Station against the petitioner herein.

The Crl.MC is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE Skk APPENDIX OF CRL.MC 6139/2021 PETITIONER’S ANNEXURES:- Annexure A A TRUE COPY OF THE FIR IN CRIME NO. Annexure B A TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 2340/2016 OF POOYAPPALLY POLICE STATION. Annexure C AFFIDAVIT OF THE RESPONDENT NO.3 RESPONDENTS’ ANNEXURES:- NIL

Same Court & Year Kerala · 2021 Same Parties Manoj Kumar @ Manoj vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.