Suresh.S vs State Of Kerala
2022 Latest Caselaw 4534 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. 892 OF 2022
        CRIME NO.805/2010 OF BEKAL POLICE STATION, KASARGOD
PETITIONER:

    1     SURESH.S, AGED 32 YEARSM
          SON OF BALAKRISHNAN,
          ARATTUKADAVU, PALLIKKARA    VILLAGE, UDUMA PANCHAYATH,
          HOSDURG TALUK, KASARAGOD    DISTRICT., PIN - 671319
    2     KAMAL, AGED 40 YEARS,
          SON OF KUNHIKRISHNAN,
          ARATTUKADAVU, PALLIKKARA    VILLAGE, UDUMA PANCHAYATH,
          HOSDURG TALUK, KASARAGOD    DISTRICT., PIN - 671319
          BY ADVS.
          A.ARUNKUMAR
          DIVYA T.P.


RESPONDENT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682 031.
    2     C.H.MANAF, AGED 44 YEARS
          SON OF MOOSA,
          R/AT P.H.HOUSE, KOTTIKULAM JM ROAD, P.O.BEKAL,
          KOTTIKKULAM VILLAGE, HOSDURG TALUK, KASARAGOD
          DISTRICT., PIN - 671318
    3     MIDHUN @ MUAHMMED AMEEN
          AGED 37 YEARS
          C/O.AYISHATH RAMSEENA.K.S,
          BANGANA HOUSE, BANGANATHOTTY, P.O.BARE,
          HOSDURG TALUK,
          KASARAGOD DISTRICT, PIN - 671319
          BY ADV VIPIN T JOSE

          SMT. M. K .PUSHPALATHA SR.PP


     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. 892 OF 2022                   2

                                     ORDER

The petitioners are the accused in

L.P.C.No.124/2017 of Judicial First Class

Magistrate-II, Hosdurg and the accused Nos.3 and 4

in Crime No.805 of 2010 of Bekal Police Station

and the offences alleged against the petitioners

are under Sections 143,147,148,341,324,326,427 r/w

149 of the Indian Penal Code. The petitioners

moved this Court seeking to quash all further

proceedings in Annexure-AII Final Report in Crime

No.805 of 2010 of Bekal Police Station in

L.P.C.No.124/2017 of the Judicial First Class

Magistrate-II, Hosdurg.

2. The allegation is that on 20/11/2010 at

22.45 hours at Arattukadavu Kannamkulam in

Pallikkara Village, the accused persons wrongfully

restrained defacto complainant and his friend and

attacked them with iron rod and committed mischief

to a tune of Rs.2250/- by causing damage to his

motor bike 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 the respondents 2 and 3 have

arrived at an amicable settlement and Annexure A4

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

defacto 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

pursuant to Annexure-AII Final Report in Crime

No.805 of 2010 of Bekal Police Station in

L.P.C.No.124/2017 of the Judicial First Class

Magistrate-II, Hosdurg, against these petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE msp

APPENDIX OF CRL.MC 892/2022

PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE F.I.R FILED IN CRIME NO.805 OF 2010 OF BEKAL POLICE STATION Annexure2 CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO.805 OF 2010 OF BEKAL POLICE STATION Annexure3 A TRUE COPY OF THE JUDGMENT DATED 07-05-2015 IN C.C.NO.613 OF 2012 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE-II, HOSDURG Annexure4 A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2