IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
CRL.MC NO. 421 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1019/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,ATTINGAL
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 ANZAR
AGED 33 YEARS
S/O. ASHRAF, KOOVAKUZHI KUNNIL VEEDU, PULIYOORKONAM, MADAVOOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602.
2 ANWAR
AGED 31 YEARS
S/O. ASHRAF, KOOVAKUZHI KUNNIL VEEDU, PULIYOORKONAM, MADAVOOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602.
3 NIJAF
AGED 33 YEARS
S/O. NUJUMUDEEN, CHARUVILA PUTHEN VEEDU, PULIYOORKONAM, MADAVOOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602.
BY ADVS.
K.SIJU
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENTS/STATE & INJURED:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER
PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695604.
3 SOURAV
AGED 41 YEARS
S/O. JAGANADHAN, KUNNATHU VEEDU, CHANGAYILKONAM, MADAVOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT - 695602.
BY ADV A.MUHAMMED RAFFI
OTHER PRESENT:
SRI. SANAL P.RAJ-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.04.2022, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No. 421 of 2022
2
ORDER
Petitioners are accused in Crime No.294/2015 of Pallickal Police station registered offences punishable under sections 294(b), 324, 342, 323 r/w 34 of IPC.
2. Heard.
3. It has been submitted by the learned counsel for the parties and the learned Public Prosecutor that the matter has been settled between the parties. The third respondent, who is the de- facto complainant, filed affidavit stating that the matter has been settled between the parties and hence, he has no further grievance against the petitioners. Since the matter has been settled between the parties, quashing the said offence would secure the ends of justice. For the said reason, I am inclined to quash Annexure 1 FIR and Annexure 2 final report in Crime No.294/2015 of Pallickal Police Station and all further proceedings against the petitioners in C.C.No.1019/2015 of Judicial First Class Magistrate Court-II, Crl.M.C No. 421 of 2022 3 Attingal, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
BASANT BALAJI, JUDGE rps/ Crl.M.C No. 421 of 2022 4 APPENDIX OF CRL.MC 421/2022 PETITIONER ANNEXURES Annexure 1 THE COPY OF FIR WITH FIS IN CRIME NO.294/2015 OF PALLICKAL POLICE STATION DATED 12.04.2015. Annexure 2 THE COPY OF FINAL REPORT IN CRIME NO.294/2015 OF PALLICKAL POLICE STATION DATED NIL. Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 15.01.2022.