Kerala High Court
Crl.MC/4120/2021 of ARUN M. 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. 4120 OF 2021 CRIME NO.148/2019 OF Hosdurg Police Station, Kasargod AGAINST THE ORDER/JUDGMENT IN SC 399/2019 OF ADDITIONAL DISTRICT COURT &
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, 1943CRL.MC NO. 4120 OF 2021
CRIME NO.148/2019 OF Hosdurg Police Station, Kasargod AGAINST THE ORDER/JUDGMENT IN SC 399/2019 OF ADDITIONAL DISTRICTCOURT & SESSIONS COURT - III, KASARAGOD / III ADDITIONAL MACT,KASARAGODE
PETITIONERS/ACCUSED :-
1ARUN M.AGED 22 YEARSS/O. ANANDAB M., R/AT THEEYANA KOTHI MOOLA, KALYAN ROAD, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT.
2VIMAL PRASAD K. AGED 24 YEARSS/O. MADHAVAN, R/AT PALLYATH HOUSE, THEEYANA KOTHI MOOLA, KALYAN ROAD, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT.
3PRASANTH M. AGED 22 YEARSS/O. PRABHAKARAN, R/AT MYKANAM HOUSE, KALYAN ROAD, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/COMPLAINANT :-
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
CRL.MC NO. 4120 OF 2021
2SIJIN K
AGED 32 YEARS
S/O. BABU C., R/AT ATHIKOTH,
AC NAGARA, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT.
3SUJITH A.AGED 26 YEARSAGED 26 YEARS
S/O. SUKUMARAN A., R/AT CHERIKKAL VEEDU, ATHIKKOTH, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT.
BY ADV VIPIN T JOSE SRI.RENJITH GEORGE, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FORADMISSION ON 31.12.2021, THE COURT ON THE SAME DAYPASSED THE FOLLOWING:
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ORDER
The petitioners are the accused in Crime No.148/2019 of Hosdurg Police Station, which is nowpending as S.C.No.399 of 2019 on the files of the AdditionalDistrict and Sessions Judge-III, Kasargod and the offencesalleged against the petitioner are under Sections 341, 323,326 and 308 r/w Section 34 of the Indian Penal Code.
2. The allegation is that on 23.02.2019 at 21.30hours the accused attacked the defacto complainant and hisfriends with stones and hands and thereby committed theaforesaid offences.
3. Heard the learned counsel for the petitioners, thelearned Public Prosecutor as well as the learned counsel forthe respondents 2 and 3.the respondents 2 and 3.
4. It is submitted by respective counsel that the petitioners and the respondents 2 and 3 have arrived at an amicable settlement and Annexures A-III and IV are theaffidavits filed. The affidavits, inter alia, state that all thedisputes are settled and that the pendency of criminalproceeding would cause hardship to all the parties.
5. From the submission across the Bar and perusingthe criminal M.C. and the affidavits referred above, I amsatisfied that there has been an amicable settlement andthat there is no vitiating circumstances in the respondentsfiling the affidavits. No purpose will be served by continuingthe proceedings 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 circumstancesof the case and in exercise of power of this Court underSection 482 of the Code of Criminal Procedure, I herebyquash Annexure A-II Final Report and all further proceedings
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in S.C.No.399 of 2019 on the files of the Additional District and Sessions Judge-III, Kasargod in Crime No.148 of 2019
of Hosdurg Police Station against petitioners 1 to 3 herein.
The Crl.MC is allowed as above.
SMA
Sd/-
MOHAMMED NIAS C.P. JUDGE
APPENDIX
PETITIONER ANNEXURES