Kiran Das vs State Of Kerala
2022 Latest Caselaw 5188 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                       THE HONOURABLE MR. JUSTICE GOPINATH P.
                TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
                                 CRL.MC NO. 6309 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 388/2019 OF JMFC, KALAMASSERY (TEMPORARY)
PETITIONER/S:

      1         KIRAN DAS
                AGED 26 YEARS
                S/O. SIVADASAN , PARVATHI (H) KADALUNDI NAGARAM P.O., KADALUNDI,
                MALAPPURAM DISTRICT

      2         SAJAD
                AGED 27 YEARS
                S/O. MUHAMMED SHAFI, CHEMMUKKAN HOUSE, KOTTAKKAL P.O.,
                MALAPPURAM

      3         GAUTHAM KRISHNAN
                AGED 26 YEARS
                S/O. GOPAN, SHANKARAMANGALATH VEEDU, KOTTARAKKARA THALUK, KOLLAM

      4         JIBIN T.P.
                AGED 26 YEARS
                S/O. PUSHPAN, THAREPARAMBIL HOUSE, KUZUR P.O., MALA, THRISSUR

      5         KIRAN SHAJI
                AGED 27 YEARS
                S/O. SHAJI, THANDHIVILA VEEDU, KOTTARAKKARA, KOLLAM

      6         BASIL K.JOSE,
                AGED 26 YEARS
                S/. JOSE.K.K., KANIRAM KOLATH HOUSE, CHENNALI, MEENANGADI P.O., VYANAD
                DISTRICT

      7         KARUN PRAVEEN
                AGED 25 YEARS
                S/O. PRAVEEN, MADATHIL HOUSE, BALUSHERRY P.O., KOZHIKODE

      8         ASWIN A.S.
                AGED 26 YEARS
                S/O.ASHOKAN, INDULAPARAMBATHU, KALLUIRA , VALAYAM, KOZHIKODE
 CRL.MC NO. 6309 OF 2021
                                    -2-

             BY ADV MANSOOR ALI



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM-682 031

     2       ATHUL
             AGED 25 YEARS
             S/O. HAREEDRANATH , NAMBYRATH HOUSE, CHANJAMANGALAM ,
             PULAKKODE, KOZHIKODE-680 301

     3       HARIKRISHNAN P.V.
             AGED 23 YEARS
             S/O. BALAKRISHNN, HARSREE NIVAS, PUTHUKKODE P.O.,
             NEELESWAR, KAZARKODE-671 314

     4       NIKHIL PRAKASH
             AGED 24 YEARS
             S/O. PRAKASH, NIRANJAN HOUSE, KOMALLUR P.O., KAYAMKULAM,
             ALAPUZHA-690106

             BY ADV MELCHI JOSEPH OOMMEN




         THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 6309 OF 2021
                               -3-

                           ORDER

The petitioner faces allegations of having committed

offences under Section 323 r/w Section 149 of the Indian Penal

Code. When the matter is taken up for consideration, the

learned counsel for the petitioner submits with reference to

Annexure A3 to A5 affidavits executed by respondents 2,3 and

4 (defacto complainants) that the entire issues between the

petitioner and respondents 2, 3 and 4 have been settled

amicably.

2. The learned counsel appearing for respondents 2, 3

and 4 does not dispute the above. It is submitted that the

respondents 2,3 and 4 do not intend to continue the

prosecution against the petitioner. The learned Public

Prosecutor also submits, upon instructions, that the matter

appears to have been settled between the petitioner and

respondents 2, 3 and 4.

CRL.MC NO. 6309 OF 2021

The offences alleged against the petitioner are not

offences in respect of which this Court should not exercise

power under Section 482 of the Cr.PC to quash the proceedings

on the basis of the settlement. Therefore, this Crl.M.C will

stand allowed and all proceedings in C.C No.388/2019 on the

file of the Judicial First Class Magistrate Court, Kalamassery

shall stand quashed as against the petitioner.

Sd/-

GOPINATH P.

JUDGE

JS CRL.MC NO. 6309 OF 2021

APPENDIX OF CRL.MC 6309/2021

PETITIONER'S ANNEXURES

Annexure A1 CERTIFIED COPY OF FIR NO.1603 OF 2018

Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CC NO.388 OF 2019 WHICH IS NW PENDING BEFORE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY

Annexure A3 THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 22.11.2021

Annexure A4 THE AFFIDAVIT SIGNED BY THE 3RD RESPONDENT DATED 22.11.2021

Annexure A5 THE AFFIDAVIT SIGNED BY THE 4TH RESPONDENT DATED 22.11.2021