Mahesh.M vs State Of Kerala
2022 Latest Caselaw 4452 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. 5177 OF 2021
        CRIME NO.114/2021 OF Rajapuram Police Station, Kasargod
PETITIONER/ACCUSED:

    1        MAHESH.M
             AGED 28 YEARS
             S/O MADHAVAN, RESIDING AT KOLAPURAM, PANATHADY VILLAGE,
             RAJAPURAM P.O,
             VELLARIKKUND TALUK-671532.
    2        MANOJ M
             AGED 26 YEARS
             S/O MADHAVAN, RESIDING AT KOLAPURAM, PANATHADY VILLAGE,
             RAJAPURAM P.O,
             VELLARIKKUND TALUK-671532.

             BY ADV A.ARUNKUMAR


RESPONDENT/S:

    1        STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM-682031.
    2        SREEKANTH A.S.
             AGED 39 YEARS
             S/O A N SREEDHARAN,
             RESIDING AT ANIKKUZHIYIL HOUSE, KOLAPURAM, PANATHADY
             VILLAGE, PANATHADY P.O, VELLARIKKUND TALUK, PIN-671532.

             BY ADV VIPIN T JOSE
                SRI. M.P.PRASANTH


     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. 5177 OF 2021


                               -2-

                              ORDER

The petitioners are the accused in Crime No.114/2021 of

Rajapuram Police Station, Kasaragod District and the offences alleged

against the petitioners are under Sections 341, 323, 326 r/w 34 of the

Indian Penal Code.

2. The allegation is that on 28.02.2021, at about 7.20 p.m., while

the defacto complainant who is the Ooru Moopan in Kolappuram

Colony, was returning after a mediation talk, the accused wrongfully

restrained him and attacked him with iron rod and stick and caused

injuries and thereby committed the offences as alleged by the

prosecution.

3. Heard the learned counsel for the petitioners, the learned

Public Prosecutor as well as the learned counsel for respondents No. 2.

4. It is submitted by respective counsel that the petitioners and

respondents No.2 have arrived at an amicable settlement and

Annexure AII 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. CRL.MC NO. 5177 OF 2021

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 defacto 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.114/2021 of Rajapuram Police Station,

Kasaragod District against petitioners 1 and 2.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE uu 12.04.2022 CRL.MC NO. 5177 OF 2021

APPENDIX OF CRL.MC 5177/2021

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE F I R IN CRIME NO.114 OF 2021 OF RAJAPURAM POLICE STATION, KASARGOD.

Annexure A2 A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 17.09.2021.