Kerala High Court

Crl.MC/4118/2021 of SUJITH A Vs STATE OF KERALA on 31 December 2021

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 CRL.MC NO. 4118 OF 2021 CRIME NO.165/2019 OF Hosdurg Police Station, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 484/2019 OF JUDICIAL MAGISTRATE OF FIRST

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943

CRL.MC NO. 4118 OF 2021

CRIME NO.165/2019 OF Hosdurg Police Station, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 484/2019 OF JUDICIAL MAGISTRATE OF

FIRST CLASS -I, HOSDRUG

PETITIONER/ACCUSED :-

1SUJITH AAGED 26 YEARSS/O SUKUMARAN A, R/AT CHERIKKAL VEEDU, ATHIKKOTH, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT

2SARATHKUMAR A, AGED 25 YEARSS/O SHANKARAN A, ATHIKOTH HOUSE, AC NAGAR, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT.

BY ADV VIPIN T JOSE

RESPONDENTS/STATE/COMPLAINANT :-

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

2ARUN MAGED 22 YEARSS/O ANANDAB M, R/AT THEEYANA KOTHI MOOLA, KALYAN ROAD, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-671 315.

3VIMAL PRASAD KAGED 24 YEARSS/O MADHAVAN, R/AT PALLYATH HOUSE, THEEYANA KOTHI MOOLA, KALYAN ROAD, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-671 315.

4PRASANTH MAGED 22 YEARSS/O PRABHAKARAN, R/AT MYKANAM HOUSE, KALYAN ROAD, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-671 315.

BY ADV A.ARUNKUMAR SRI.RENJITH GEORGE, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

The petitioners are the accused in Crime No.165/2019 of Hosdurg Police Station, which is now pending as C.C.No.484 of2019 on the files of the Judicial First Class Magistrate-I, Hosdurgand the offences alleged against the petitioners are under Sections323 and 325 r/w Section 34 of the Indian Penal Code.

2. The allegation is that on 23.02.2019 at 23.00 hours the accused wrongfully restrained the defacto complainant and hisfriends and abused them in filthy language and attacked them withstick and hands and thereby committed the aforesaid offences.

3. Heard the learned counsel for the petitioners, the learnedPublic Prosecutor as well as the learned counsel for therespondents 2 to 4.

4. It is submitted by respective counsel that the petitioners and the respondents 2 to 4 have arrived at an amicable settlementand Annexures A-III to V are the affidavits filed. The affidavits, interalia, 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 thecriminal M.C. and the affidavits referred above, I am satisfied that there has been an amicable settlement and that there is no vitiatingcircumstances in the respondent filing the affidavits. No purpose willbe served by continuing the proceedings in the abovecircumstances.

6. In view of the judgment of the Hon'ble Supreme Court inGian Singh v. State of Punjab and another [2012 (10) SCC 303]and considering the facts and circumstances of the case and inexercise of power of this Court under Section 482 of the Code ofCriminal Procedure, I hereby quash Annexure A-II Final Report andall further proceedings in C.C.No.484 of 2019 on the files of theJudicial First Class Magistrate Court-I, Hosdurg in Crime No.165 of2019 of Hosdurg Police Station against these petitioners 1 and 2.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE

APPENDIX

PETITIONER ANNEXURES

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