1St Accused In Cr. 548/2021 vs State Of Kerala
2022 Latest Caselaw 4533 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. 1931 OF 2022
 AGAINST THE ORDER/JUDGMENT IN CC 946/2020 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS III, MANJERI
     CRIME NO.548/2021 OF AREACODE POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED:

          ACCUSED IN CR.548/2021

          BY ADV P.SAMSUDIN


RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

    1     STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA
          ERNAKULAM - 682031
          (IN CRIME NO.548/2021 OF AREAKKODE IN MALAPPURAM
          DISTRICT)
    2     FATHER OF DE-FACTO COMPLAINANT IN CRIME NO.548/2021 OF
          AREAKKODE IN MALAPPURAM DISTRICT
    3     DE-FACTO COMPLAINANT IN CRIME NO.548/2021 OF AREAKKODE
          IN MALAPPURAM DISTRICT REPRESENTED BY FATHER
          BY ADVS.SRI.M.P.PRASANTH PP
          SHYAM NAIR


     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. 1931 OF 2022             2

                                 ORDER

The petitioners are the accused persons in Crime

No.548/2021 of Areakkode Police Station and the

offences alleged against the petitioners are under

Sections 341 r/w 34 of the Indian Penal Code and

under Section 75 of Juvenile Justice (Care and

Protection of Children) Act, 2015. The petitioners

moved this Court seeking to quash all further

proceedings in CC 946/2021 of the Judicial First

Class Magistrate Court, Manjeri pursuant to Annexure

A2 final report in Crime No.548/2021 of Areakkode

Police Station in Malappuram District.

2. The allegation is that on 01-10-2021 at about

8.00 pm, the accused persons wrongfully restrained,

physically assaulted and inflicted injuries on the

defacto complainant, the 3rd respondent and thereby

committed the aforesaid offences.

3. Heard the learned counsel for the

petitioners, the learned Public Prosecutor as well as

the learned counsel for respondents 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 Annexure A3 is the

affidavit filed. The affidavit, 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 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 been

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 all further proceedings

against the petitioners/accused in CC 946/2021 of the

Judicial First Class Magistrate Court, Manjeri

pursuant to Annexure A2 final report in Crime

No.548/2021 of Areakkode Police Station in Malappuram

District, against these petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE msp

APPENDIX OF CRL.MC 1931/2022

PETITIONER ANNEXURES Annexure-1 TRUE COPY OF THE FIR IN CRIME NO.548/2021 OF AREAKKODE POLICE STATION Annexure-2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.548/2021 OF AREAKKODE POLICE STATION Annexure-3 THE ORIGINAL OF THE AFFIDAVIT DATED 10.01.2022 SWORN IN BY THE 2ND RESPONDENT