Ajnas .K vs State Of Kerala
2021 Latest Caselaw 14897 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                         CRL.MC NO. 1320 OF 2021

  AGAINST THE ORDER IN LPC 73/2018 OF JUDICIAL MAGISTRATE OF FIRST
                      CLASS -II, KANNUR, KANNUR
PETITIONERS/ACCUSED:

     1       AJNAS .K,
             AGED 29 YEARS,
             S/O ASHRAF,RAFEEQ MANZIL,
             SHANTHI MAITHANAM,KANNUR CITY,
             KANNUR-670003.

     2       MUHAS,
             AGED 32 YEARS,
             S/O RAFI,.PC HOUSE,
             ANJUKANDI RICE MILL,
             KANNUR-670013.

             BY ADV SRI.K.ASHIS


RESPONDENT/RESPONDENT/COMPLAINANT:

     1       STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA-682031.

     2       RASHHED K.,
             AGED 36 YEARS,
             S/O.MAJEED,KORAMBETH HOUSE,
             KT LINE,
             KAKKAD,KANNUR-670005.

             BY ADV N.L.BITTO


OTHER PRESENT:

             SRI.T.R.RANJITH, PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION           ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 1320 OF 2021
                                   2



                      O R D E R

Dated this the 15th day of July, 2021

Petitioners are accused Nos.3 and 1 respectively in Crime

No.556/2011 of Kannur City Police Station for having allegedly

committed offences punishable under Sections 341,323, 324 and

427 r/w Section 34 of the IPC. The petitioners were absconding and

the case against them was split up and refiled while the case against

the rest of the accused proceeded as CC No.990/2015 before the

Court of Judicial First Class Magistrarte-II, Kannur. After trial, they

were found not guilty and acquitted. The petitioners's case was

consigned to Long Pending Register as LP No.13/2019 and 73/2018

respectively. Petitioners have now returned and they have settled

the matter amicably with the de facto complainant, who is the 2 nd

respondent herein. Therefore, they seek to quash the proceedings

against them.

2. The 2nd respondent has appeared through counsel and filed

affidavit to the effect that the matter has been amicably settled and

that he has no objection in quashing the proceedings against the

petitioners.

CRL.MC NO. 1320 OF 2021

3. The learned Public Prosecutor has under instructions

submitted that the settlement is genuine and that petitioners have

no criminal antecedents. There is no public interest involved. The

offences alleged are all compoundable and therefore, I find no

reason for subjecting the petitioners to afresh trial.

Hence the petition is allowed and the entire proceedings as

against the petitioners in Crime No.556/2011 of Kannur City Police

Station presently pending as LP No.13/2019 and 73/2018 stands

quashed under Section 482 of Cr. P.C. and the accused are

discharged.

SD/-

                                             ASHOK       MENON,

                                                   JUDGE

rmm
 CRL.MC NO. 1320 OF 2021




                             APPENDIX
PETITIONER ANNEXURE:

ANNEXURE I             TRUE COPY OF THE F.I.R IN CRIME

NO.556/2011 OF KANNUR CITY POLICE STATION.

ANNEXURE II TRUE COPY OF THE FINAL REPORT IN CRIME NO.556 OF 2011 OF KANNUR CITY POLICE STATION

ANNEXURE III CERTIFIED COPY OF THE JUDGMENT IN CC NO.990 OF 2015 DATED 25.9.2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE-II,KANNUR

ANNEXURE IV AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 19.12.2020.

RESPONDENTS' EXHIBITS: NIL