Abhinand vs Linsith Lal I.R.C

Type Court Judgment Court Kerala Decided Jun 15, 2020

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Citation: sooperkanoon.com/1769232
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Jun 15, 2020
Case Number: Crl.MC/2682/2020

Parties & Advocates

Appellant / Petitioner

Abhinand

Respondent

Linsith Lal I.R.C

Excerpt

.....offences punishable under sections 143, 147, 148, 341, 323, 326, 294(b) and 506 read with section 149 of the indian penal code.2. the learned counsel for the petitioners wouldsubmit that the matter has been settled between the parties and infact the case has been registered against them due to some misunderstanding and now the defacto complainant/the injured hasabsolutely no grievance against this petitioner. the learned counsel for the defacto complainant has also submitted that the matter has been settled between the parties. annexure ii is the affidavit sworn to by the defacto complainant stating that he has no grievance against the petitioners and no objection in allowing the petition as sought for by the petitioners.3. the learned public prosecutor has also submitted that the dispute between the parties has been amicably settled.4. on going through the records produced by the learned counsel for the petitioners, and on hearing the submissions made by the learned public prosecutor, as well thelearned counsel for the defacto complainant, i am fully convinced that no useful purpose would be served in proceeding with the matter. moreover, no public interest is involved andthere is no legal impediment in granting the prayer as sought for by the petitioners. therefore, i find that this petition is only to be allowed as prayed for. hence, this crl.m.c. is allowed and all further proceedings in crime no. 109 of 2020 of koyilandy police station registered against the petitioners will stand quashed as prayed for.sd/- shircy v. judge sb appendix petitioner's/s exhibits: annexure i a true copy of the first information report in crime no. 109 of 2020 of the koyilandy police station in kozhikode district dated 01.02.2020. annexure ii a true copy of the affidavit sworn by the 1st respondent dated 28.04.2020. annexure iii a true copy of the order dated 09.03.2020 in b.a. 1465 of 2020 of this honble court. annexure iv a true.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 15TH DAY OF JUNE 2020 / 25TH JYAISHTA, 1942 Crl.MC.No.2682 OF 2020(E) CRIME NO.109/2020 OF Koyilandy Police Station , Kozhikode PETITIONER/S:
1 ABHINAND AGED 17 YEARS REPRESENTED BY HIS FATHER SASIDHARAN V.K., VADAKEDAN KANDHI HOUSE, CHEGOTTUKAVE, KOYILANDY, 2 MUHAMMED AFSAR, S/O. SAKKEER, BARGAYI BAS HOUSE, KOYILANDY, 3 MUHAMMED SIYAD,, S/O. ABDUL SAMAD, AZHIKKAL MALANCHERI HOUSE, KAPPAD, KOYILANDY, KOZHIKODE DISTRICT. 4 MUHAMMED MASIN, AGED 17 YEARS REPRESENTED BY HIS FATHER RAFEEK, AMMANAMKANDI HOUSE, VENGALAM, KOZHIKODE DISTRICT. 5 MUHAMMED FARIS, S/O. IBRAHIM, MANGHIPUTHIYEDATH HOUSE, ATHOLI, BY ADV. SRI.ADITHYA RAJEEV
RESPONDENT/S: 1 LINSITH LAL I.R.C AGED 42 YEARS S/O. RAMACHANDRAN. E.M., RAMAPURAI HOUSE, NADUVATHUR, QUILANDY, KOZHIKODE DISTRICT 673 305. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. R1 BY ADV. PARVATHY MANOJ OTHER PRESENT: PP HRITWIK CS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.06.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 15th day of June 2020 The petitioners who are the accused in Crime No. 109

of 2020 of Koyilandy Police Station have filed this application under Section 482 of the Code of Criminal Procedure to quash the FIR registered against them as Crime No.109 of 2020 for having committed offences punishable under Sections 143, 147, 148, 341, 323, 326, 294(b) and 506 read with Section 149 of the Indian Penal Code.

2. The learned counsel for the petitioners would

submit that the matter has been settled between the parties and infact the case has been registered against them due to some misunderstanding and now the defacto complainant/the injured has

absolutely no grievance against this petitioner. The learned counsel for the defacto complainant has also submitted that the matter has been settled between the parties. Annexure II is the affidavit sworn to by the defacto complainant stating that he has no grievance against the petitioners and no objection in allowing the petition as sought for by the petitioners.

3. The learned Public Prosecutor has also submitted that the dispute between the parties has been amicably settled.

4. On going through the records produced by the learned counsel for the petitioners, and on hearing the submissions made by the learned Public Prosecutor, as well the

learned    counsel    for    the   defacto     complainant,    I   am     fully
convinced that       no useful purpose would be served in proceeding
with the matter.       Moreover, no public interest is involved and

there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, I find that this petition is only to be allowed as prayed for. Hence, this Crl.M.C. is allowed and all further proceedings in Crime No. 109 of 2020 of Koyilandy Police Station registered against the petitioners will stand quashed as prayed for.

Sd/- SHIRCY V. JUDGE sb APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE I A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 109 OF 2020 OF THE KOYILANDY POLICE STATION IN KOZHIKODE DISTRICT DATED 01.02.2020. ANNEXURE II A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 28.04.2020. ANNEXURE III A TRUE COPY OF THE ORDER DATED 09.03.2020 IN B.A. 1465 OF 2020 OF THIS HONBLE COURT. ANNEXURE IV A TRUE COPY OF THE ORDER DATED 09.03.2020 IN B.A. 1529 OF 2020 OF THIS HONBLE COURT.

Same Court & Year Kerala · 2020 Same Parties Abhinand vs Linsith Lal I.R.C Same Judge Honourable Mrs. Justice Shircy V.