Kerala High Court

Crl.MC/5598/2021 of SUBAIR.T., 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. 5598 OF 2021 CRIME NO.1057/2013 OF Hosdurg Police Station, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 363/2021 OF JUDICIAL MAGISTRATE OF FIRST

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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

CRL.MC NO. 5598 OF 2021

CRIME NO.1057/2013 OF Hosdurg Police Station, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 363/2021 OF JUDICIAL MAGISTRATE OF

FIRST CLASS -I,HOSDRUG

PETITIONER/ACCUSED :-

SUBAIR.T.,AGED 34 YEARSS/O. ABOOBACKER,SUHARA MANZIL, PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

BY ADV A.ARUNKUMAR

RESPONDENTS/COMPLAINANT/STATE :-

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

2MUHAMMED ASKAR ALI.KKANHANGAD, VILLAGE HOSDURG TALUK,KASARAGOD DISTRICT 671 315.

S/O. MOOSA.B.M, JALEEL MANZIL, PADANNAKKAD, BY ADV VIPIN T JOSE 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:

2

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O R D E R

The petitioner is the

accused in Crime

No.1057/2013 of Hosdurg Police Station, which is nowpending as C.C.No.363 of 2021 on the files of Judicial FirstClass Magistrate-I, Hosdurg and the offences alleged againstthe petitioner are under Sections 143, 147, 427, 341, 323 and324 r/w Section 149 of the Indian Penal Code.

2. The allegation is that on 30.08.2013 at 18.45 hourswhen the defacto complainant was going to mosque, accusedwrongfully restrained the defacto complainant and beaten himwith hands and also kicked him and thereby committed theaforesaid offences.

The allegation is that on 30.08.2013 at 18.45 hours

3. Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel forthe second respondent.

4. It is submitted by respective counsel that the petitioner and the second respondent have arrived at anamicable settlement and Annexure V is the affidavit filed. Theaffidavit, inter alia, states that all the disputes are settled andthat the pendency of criminal proceeding would causehardship to all the parties.

5. From the submission across the Bar and perusingthe criminal M.C. and the affidavit referred above, I amsatisfied that there has been an amicable settlement and thatthere is no vitiating circumstances in the respondent filing theaffidavit. No purpose will be served by continuing theproceedings in the above circumstances.

6. In view of the judgment of the Hon'ble SupremeCourt in Gian Singh v. State of Punjab and another [2012(10) SCC 303] and considering the facts and circumstances ofthe case and in exercise of power of this Court under Section482 of the Code of Criminal Procedure, I hereby quashAnnexure AII Final Report and all further proceedings in Crime No.1057/2013 of Hosdurg Police Station, which is nowpending as C.C.No.363 of 2021 on the files of Judicial FirstClass Magistrate-I, Hosdurg against the petitioner.

The Crl.MC is allowed as above.

Sd/-

SMA

MOHAMMED NIAS C.P.JUDGE

APPENDIX

PETITIONER ANNEXURES :-

Annexure A1

CERTIFIED COPY OF THE F.I.R. IN CRIMENO. 1057 OF 2013 OF HOSDURG POLICESTATION, KASARAGOD.NO. 1057 OF 2013 OF HOSDURG POLICESTATION, KASARAGOD.

Annexure AIICERTIFIED COPY OF THE FINAL REPORT INCRIME NO. 1057 OF 2013 OF HOSDURGPOLICE STATION , KASARAGOD.CRIME NO. 1057 OF 2013 OF HOSDURGPOLICE STATION , KASARAGOD.

Annexure A1IICERTIFIED COPY OF THE JUDGMENT DATED22.08.2017 IN C.C. 3382 OF 2013 OFJUDICIAL FIRST CLASS MAGISTRTE1,HOSDURG.22.08.2017 IN C.C. 3382 OF 2013 OFJUDICIAL FIRST CLASS MAGISTRTE1,HOSDURG.

Annexure AIVA TRUE COPY OF THE ORDER DATED01.02.2019 IN CRL.M.C. NO. 716 OF2019.01.02.2019 IN CRL.M.C. NO. 716 OF2019.

Annexure AVORIGINAL COPY OF THE AFFIDAVIT SWORNTO BY THE 2ND RESPONDENT.TO BY THE 2ND RESPONDENT.

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