Kerala High Court
Crl.MC/6139/2021 of MANOJ KUMAR @ MANOJ Vs STATE OF KERALA on 31 December 2021
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. 6139 OF 2021 AGAINST THE ORDER IN SC 981/2018 OF THE ASSISTANT SESSIONS COURT, KOTTARAKKARA PETITIONER/ACCUSED: MANOJ KUMAR @ MANOJ AGED 45
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. 6139 OF 2021
AGAINST THE ORDER IN SC 981/2018 OF THE ASSISTANT SESSIONS COURT,KOTTARAKKARA
PETITIONER/ACCUSED:
MANOJ KUMAR @ MANOJAGED 45 YEARS, S/O. SUKUMARAN, MANOJ MANDIRAM VEEDU, MALAYILA, VALIYODU MURI, ELAMADU VILLAGE, KOLLAM DISTRICT. BY ADVS.K.V.ANIL KUMARRADHIKA S.ANIL
RESPONDENTS/STATE & COMPLAINANT:
1STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 682031.2THE STATION HOUSE OFFICERPOOYAPPALLY POLICE STATION, KOLLAM DISTRICT - 691537.3SEEMAAGED 41 YEARS, D/O. LEELA, DEEPA VILASOM, VALIYODU MURI, ELAMADU VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691520. BY ADV MOHANAN M.K.
OTHER PRESENT:
ADV. ARAVIND V MATHEW-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 petitioner is the accused in Crime No.2340/2016
of Pooyappally Police Station, Kollam District and the offencesalleged against the petitioner are under Sections 294(b), 341,324, 308 and 506(ii) of the Indian Penal Code.
2. The allegation is that due to matrimonial dispute between the petitioner and the defacto complainant on27.11.2016 at 8 hours, the accused with an intention to attackcriminally intimidated the defacto complainant nearby his houseand used abusive words, and attacked with a weapon andthereby sustained injury on her head and thereby committed theaforesaid offence.
3. Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel for thethird respondent.
4. It is submitted by respective counsel that the petitioner and the third respondent have arrived at an amicable settlementand Annexure C is the affidavit filed. The affidavit, inter alia,states that all the disputes are settled and that the pendency ofcriminal proceeding would cause hardship to all the parties.
5. From the submission across the Bar and perusing thecriminal M.C. and the affidavit referred above, I am satisfied thatthere has been an amicable settlement and that there is novitiating circumstances in the respondent filing the affidavit. No purpose will be served by continuing the proceedings in theabove circumstances.
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 caseand in exercise of power of this Court under Section 482 of theCode of Criminal Procedure, I hereby quash Annexure B ChargeSheet and all further proceedings in S.C.No.981/2018 on the CRL.MC NO. 6139 OF 2021
files of the Assistant Sessions Court, Kottarakkara, in CrimeNo.2340 of 2016 of Pooyappally Police Station against thepetitioner herein.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Skk
APPENDIX OF CRL.MC 6139/2021
PETITIONER’S ANNEXURES:-
Annexure AA TRUE COPY OF THE FIR IN CRIME NO. 2340/2016 OF POOYAPPALLY POLICE STATION.
Annexure BA TRUE COPY OF THE CHARGE SHEET IN CRIMENO. 2340/2016 OF POOYAPPALLY POLICE STATION.
Annexure C
AFFIDAVIT OF THE RESPONDENT NO.3
RESPONDENTS’ ANNEXURES:-
NIL