Kerala High Court
Shyju vs The Station House Officer on 19 April, 2022
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. 6095 OF 2021
CC 583/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, PERAMBRA IN CRIME NO.506/2016 OF PERAMBRA POLICE STATION,
KOZHIKODE
PETITIONERS/ACCUSED:
1 SHYJU., AGED 34 YEARS
S/O. KUNHIKKANARAN, KUNNATH KUNIYIL HOUSE,
KALLODE, PERAMBRA P.O., KOZHIKODE.
2 SAJINRAJ, AGED 24 YEARS
S/O. RAJAN, KUNNATH KUNIYIL HOUSE,
PERAMBRA P.O., KOZHIKODE.
3 PRASOON, AGED 26 YEARS
S/O. KUNHIRAMAN,
KUNNATH KUNIYIL HOUSE, KALLODE,
PERAMBRA P.O., KOZHIKODE.
BY ADVS.
T.G.RAJENDRAN
T.R.TARIN
V.A.VINOD
RESPONDENTS/STATE AND COMPLAINANT:
1 THE STATION HOUSE OFFICER,
PERAMBRA POLICE STATION, KOZHIKODE 673 525.
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA , ERNAKULAM 682 031.
3 SASI.,
AGED 42 YEARS
S/O. KUNJIKANNAN,
MANDAYULLA THAYANGOLI VEEDU,
ERAVATTOOR AMSOM, KALLOD DESOM, PERAMBRA P.O.,
KOZHIKODE 673 525.
BY ADV N.KRISHNA RAJA MAULI
BY ADV.SRI.M.P.PRASANTH - GOVERNMENT PLEADER
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.6095 OF 2021
2
ORDER
Dated this the 19th day of April, 2022
Petitioners are the accused in Crime No.506/2016
of Perambra police station, Kozhikode District and the
offences alleged against the petitioners are under
Sections 324 and 326 read with 34 of the Indian Penal
Code. Petitioners moved this Court seeking to quash all
further proceedings in C.C.No.583/2017 on the file of
the Judicial First Class Magistrate Court-I, Perambra, in
Crime No.506/2016 of Perambra police station.
2. The allegation is that on 19.05.2016 at about
07:00 p.m, accused persons attacked the defacto
complainant with iron rod and pelted stone and caused
injuries to the defacto complainant in his eyes 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 the 3rd respondent.
Crl.MC.No.6095 OF 2021
4. It is submitted by respective counsel that the
petitioners and the 3rd respondent have arrived at an
amicable settlement and Annexure-III is the affidavit
filed by the 3rd respondent. 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
Crl.MC.No.6095 OF 2021
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 Annexures I and II,
FIR and Final Report respectively and all further
proceedings in C.C.No.583/2017 on the file of the
Judicial First Class Magistrate Court-I, Perambra arising
from Crime No.506/2016 of Perambra police station
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.6095 OF 2021
APPENDIX OF CRL.MC 6095/2021
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CR.NO.506/2016.
Annexure II CERTIFIED COPY OF THE FINAL REPORT IN C.C.
NO.583/2017.
Annexure 111 AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT
DATED 23.11.2021.
