Hariprasad vs Faisal
2022 Latest Caselaw 4501 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                  THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

           TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944

                            CRL.MC NO. 6688 OF 2021

   (C.C.No.103/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,

                                    PAYYOLI)

PETITIONERS/ACCUSED NOS.1 TO 3:

     1       HARIPRASAD,
             AGED 28 YEARS
             S/O. VENUGOPAL, KOOMUNDIYIL HOUSE,
             PALLIKKARA AMSOM DESOM,
             KOYILANDY TALUK, KOZHIKODE 673 521.
     2       ATHUL,
             AGED 29 YEARS
             S/O. MOHANAN, KORUKUNNUMEL HOUSE,
             CHANGAROTH P.O.,
             PERUVANNAMUZHI ROAD, KOYILANDY TALUK,
             KOZHIKODE DISTRICT.
     3       ARUN,
             AGED 28 YEARS
             S/O. CHANDRAN, THARARILATH KUZHI HOUSE,
             THRIKOTTOOR AMSOM DESOM, THIKKJODI,
             KOYILANDY TALUK, KOZHIKODE 673 529.
             BY ADV ANIL KUMAR K.P.


RESPONDENTS/DEFACTO COMPLAINANTS AND STATE:

     1       FAISAL,
             AGED 29 YEARS
             S/O. ABU,
             NELLIYODANKANDI HOUSE, THURAYUR AMSOM,
             KULUPPA DESOM, PAYYOLI ANGADI P.O.,
             KOYILANDY TALUK, KOZHIKODE 673 522.
     2       FAIROOS,
             AGED 28 YEARS,
             S/O. MOPIDEEN, VANNATHAN VEETTIL HOUSE,
             THURAYUR P.O., KOYILANDY TALUK,
             KOZHIKODE 673 523.
     3       SHAHAS
             AGED 22 YEARS
             S/O. ASSAINAR, VATTAN KOYILOTH HOUSE,
             IRINGATH P.O., KOYILANDI TALUK,
             KOZHIKODE 673 523.
     4       SUFIYAN,
             AGED 23 YEARS
             S/O. RASAK, MANIKKOTH HOUSE, IRINGATH P.O.,
             KOYILANDY TALUK, KOZHIKODE DISTRICT 673 523.
     5       THE STATION HOUSE OFFICER,
             PAYYOLI POLICE STATION,
             KOZHIKODE 673 522.
     6       THE STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
 Crl.MC.No.6688 OF 2021

                                      2

            HIGH COURT OF KERALA,
            ERNAKULAM 682 031.
            BY ADV N.KRISHNA RAJA MAULI

            SMT. M. K .PUSHPALATHA SR,G.P

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.04.2022,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6688 OF 2021

                                       3




                                   ORDER

Dated this the 19th day of April, 2022

Petitioners, accused Nos.1 to 3 in C.C

No.103/2017 on the file of the Judicial First Class

Magistrate, Payyoli and the offences alleged against

the petitioners are under Sections 341, 323, 324 and

308 read with 34 of the Indian Penal Code. Petitioners

moved this Court seeking to quash all further

proceedings in C.C No.103/2017 on the file of the

Judicial First Class Magistrate, Payyoli.

2. The allegation is that on 01.01.2016 at about

5.00 p.m., near Salafi thazha, while the defacto

complainant was proceeding to attend a marriage, the

petitioners, three in number, due to personal animosity

towards respondents 1 to 4, attacked them with hand,

stones, steel bangle etc. and thereby committed the

aforesaid offences.

3. Heard the learned counsel for the petitioners, Crl.MC.No.6688 OF 2021

the learned Public Prosecutor as well as the learned

counsel for the respondents 1 to 4.

4. It is submitted by respective counsel that the

petitioners and respondents 1 to 4 have arrived at an

amicable settlement and Annexures 2 to 5 are the

affidavits filed by respondents 1 to 4 respectively. The

affidavits, inter alia, state that all the 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 affidavits referred

above, I am satisfied that there has been an amicable

settlement and that there is no vitiating circumstances

in the respondents 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 been taken to verify the

genuineness of the settlement.

6. In view of the judgment of the Hon'ble Crl.MC.No.6688 OF 2021

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 all further

proceedings in C.C No.103/2017 on the file of the

Judicial First Class Magistrate, Payyoli against these

petitioners. The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

                                                   JUDGE
Jms/19/04


                    //True Copy//            P.A to Judge
 Crl.MC.No.6688 OF 2021




                         APPENDIX OF CRL.MC 6688/2021

PETITIONER ANNEXURES
Annexure 1               THE CERTIFIED COPY OF THE COMPLAINT FILED BY THE IST

RESPONDENT DEFACTO COMPLAINANT DATED 6.8.2016. Annexure II THE AFFIDAVIT SWORN TO BY THE IST RESPONDENT DATED 26.11.2021.

Annexure III THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 26.11.2021.

Annexure IV THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 26.11.2021.

Annexure V THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT DATED 26.11.2021.