Achu R vs State Of Kerala
2022 Latest Caselaw 4448 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                     CRL.MC NO. 5370 OF 2021
CRIME NO.2782/2021 OF Kattakada Police Station, Thiruvananthapuram
PETITIONER/ACCUSED NO.1:

          ACHU R.,
          AGED 24 YEARS,
          S/O. REJI KUMAR S., GREEN VILLAS, VALLIPARA, POOVACHAL
          P.O., PERUMKULAM, THIRUVANANTHAPURAM DISTRICT,
          PIN-695575.
          BY ADV M.R.SARIN


RESPONDENTS/DEFACTO COMPLAINANT:

    1     STATE OF KERALA,
          REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM-682031.
    2     THE SUB INSPECTOR OF POLICE,
          KATTAKKADA POLICE STATION,
          THIRUVANANTHAPURAM DISTRICT, PIN-695572.
    3     AJIKUMAR @ SUDHEER,
          AGED 45 YEARS
          S/O. SUDHAKARAN, MULLANKUZHY VEEDU, NEAR SREEKRISHNA
          SWAMY TEMPLE, PANNIYODU, ANACODE, VEERANAKAVU,
          THIRUVANANTHAPURAM DISTRICT-695572.
          BY ADV RANJITH E N
          SR.PUBLIC PROSECUTOR M.K.PUSHPALATHA


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5370 OF 2021              2

                                  ORDER

The petitioner is the accused No.1 in Crime

No.2782/2021 of Kattakkada Police Station,

Thiruvananthapuram District and the offences

alleged against the petitioner are under Sections

454,380 and 34 of of the Indian Penal Code.

2. The allegation is that on 04/10/2021 at

around 9.20 a.m. illegally entered into the house

of the de facto complainant with the intention to

stolen rubber sheets which were kept in the stair

landing portion of the de facto complainant. The

petitioner with the other accused had stolen 30

rubber sheets which caused loss worth 3000/-

Rupees. Thus, the accused has committed the

alleged offences.

3. Heard the learned counsel for the

petitioner, the learned Public Prosecutor as well

as the learned counsel for 3rd respondent.

4. It is submitted by respective counsel that

the petitioner and 3rd respondent have arrived at

an amicable settlement and Annexure A2 is the

affidavit filed. The affidavit, inter alia, state

that all 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. It is submitted by the learned

Public Prosecutor that the statement of the de

facto complainant has also be taken to verify the

genuineness of the settlement.

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 A1 FIR and all further proceedings in

Crime No.2782/2021 of Kattakkada Police Station,

Thiruvananthapuram District against this

petitioner.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE msp

APPENDIX OF CRL.MC 5370/2021 PETITIONER ANNEXURES Annexure -A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.

2782/2021 OF KATTAKADA POLICE STATION,THIRUVANATHAPURAM Annexure -A2 THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT