Kerala High Court
Ibrahim C.H vs State Of Kerala on 12 April, 2022
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. 2152 OF 2020
CRIME NO.891/2018 OF Hosdurg Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT IN CC 1756/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,HOSDRUG
PETITIONERS/ACCUSED:
1 IBRAHIM C.H.
AGED 62 YEARS
S/O. MUAHMMED, R/AT PUTHIYA VALAPPU HOUSE, KOOLIYANGAL,
KANHANGAD VILLAGE AND POST, HOSDURG TALUK
2 JABIR.C.H.
AGED 27 YEARS
S/O. IBRAHIM C.H.,R/AT PUTHIYA VALAPPU HOUSE,
KOOLIYANGAL, KANHANGAD VILLAGE AND POST, HOSDURG TALUK
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031
2 MAJEED P.V.
AGED 49 YEARS
S/O. MUHAMMEDKUNHI, P.V.HOUSE, KOOLIYANGAL, KANHANGAD
VILLAGE AND POST, HOSDURG TALUK, KASARGOD DISTRICT
3 SHABNAM P.V., AGED 26 YEARS,
W/O. RAMSHEED,P.V.HOUSE, KOOLIYANGAL, KANHANGAD VILLAGE
AND POST, HOSDURG TALUK, KASARGOD DISTRICT
BY ADV VIPIN T JOSE
SMT. M.K.PUSHPALATHA, PP
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. 2152 OF 2020
-2-
ORDER
The petitioners are the accused in Crime No.891/2018 of
Hosdurg Police Station, Kasaragod District and accused in
C.C.No.1756/2018 on the files of Judicial First Class Magistrate - I,
Hosdurg. The offences alleged against the petitioners are under
Sections 341, 323, 324, 448, 506(ii) r/w 34 of the Indian Penal Code.
2. The allegation is that on 29.09.2018, at 21.20 hours, at
Kuliyangal in Hosdurg Village, the accused trespassed into the
courtyard of the house of the defacto complainant and wrongfully
restrained the defacto complainant and his daughter who went to
block the accused, attacked with hands and wooden stick 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 respondentss 2
and 3.
4. It is submitted by respective counsel that the petitioners and
respondents 2 and 3 have arrived at an amicable settlement and
Annexures AIII and AIV are the affidavits filed. The affidavits, inter
alia, state that all disputes are settled and that the pendency of
CRL.MC NO. 2152 OF 2020
criminal proceeding would cause hardship to all the parties.
5. From the submission across the Bar and perusing the criminal
M.C. and the affidavits referred above, I am satisfied that there has
been an amicable settlement and that there is no vitiating
circumstances in the respondent filing the affidavits. 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.891/2018 of Hosdurg 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. 2152 OF 2020
APPENDIX OF CRL.MC 2152/2020
PETITIONER ANNEXURES
ANNEXURE-AI A TRUE COPY OF THE FIR IN CRIME NO 891
OF 2018 OF HOSDURG POLICE STATION
ANNEXURE-AII A TRUE COPY OF THE FINAL REPORT IN CRIME
NO 891 OF 2018 OD HOSDURG POLICE STATION
ANNEXURE-AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 2ND RESPONDENT
ANNEXURE-AIV A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENT
