Pradeep Kumar vs Peeru Muhammed
2021 Latest Caselaw 19705 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                        THE HONOURABLE MR. JUSTICE K.HARIPAL
              FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                                 CRL.MC NO. 3980 OF 2021
                (CRIME NO. 1118 OF 2020 OF POOJAPPURA POLICE STATION)
      AGAINST THE ORDER/JUDGMENT IN CC 950/2020 OF ADDITIONAL CHIEF JUDICIAL
                  MAGISTRATE ,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:


             PRADEEP KUMAR,
             AGED 31 YEARS
             S/O. VISWANATHAN NAIR, KARTHIKA BHAVAN, PUNNAMKONAM,
             PEROORKKADA, THIRUVANANTHAPURAM 695 005.

             BY ADV LIJU. M.P



RESPONDENTS/DEFACTO COMPLAINANT & STATE:


     1       PEERU MUHAMMED,
             AGED 68 YEARS
             S/O. NAINA MUHAMMED, TC 8/7663, THEKKUKARA PUTHEN VEEDU, VAYAKONAM,
             THIRUMALA THIRUVANANTHAPURAM 695 006.

     2       STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM.

             BY ADV VINOD KUMAR.C




             SR.PP - SRI. RENJITH T.R.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.09.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.3980 of 2021
                                      2

                                    ORDER

Petitioner is the accused in crime No. 1118 of 2020 of

Poojappura police station, which was registered on the basis of the First

Information Statement given by the 1st respondent alleging offence

punishable under Sections 294(b) and 323 of the IPC.

2. On conclusion of investigation, now charge sheet has been laid

before the Additional Chief Judicial Magistrate Court

Thiruvananthapuram, where the case is pending as C.C. NO. 950 of

2020. The petitioner has moved this Court under Section 482 of the

Cr.P.C. seeking to quash the entire proceedings on the premise that the

dispute with the 1st respondent stands settled. In support of the said

contention Annexure-B affidavit of the 1 st respondent also has been

produced, where the 1st respondent, the injured and the defacto

complainant has stated in clear terms that the dispute is settled and he

does not want to pursue the proceedings .

3. I heard the learned counsel for the petitioner and also the

learned Senior Public Prosecutor.

4. The allegations against the petitioner are minor in nature. It

was purely a personal dispute with the 1st respondent. Now the matter

stands settled amicably, out of Court, and therefore there is no point in Crl.M.C.No.3980 of 2021

continuing the proceedings. Entire proceedings in C.C. NO. 950 of

2020 are here by quashed under Section 482 of the Cr.P.C. and the

peitioner shall stand exonerated.

Criminal Miscellaneous Case is allowed of as above.

Sd/-

K.HARIPAL JUDGE RMV/17/09/2021 Crl.M.C.No.3980 of 2021

APPENDIX OF CRL.MC 3980/2021

PETITIONER ANNEXURE

Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1118/2020 OF POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM CITY.

Annexure B ORIGINAL OF THE AFFIDAVIT DATED 18.08.2021 EXECUTED BY THE IST RESPONDENT /DEFACTO COMPLAINANT.