Kerala High Court

Crl.MC/5547/2021 of FAIZAL K H 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. 5547 OF 2021 CRIME NO.1343/2021 OF Fort Kochi Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT IN CC 1861/2021 OF JUDICIAL FIRST CLASS

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. 5547 OF 2021

CRIME NO.1343/2021 OF Fort Kochi Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT IN CC 1861/2021 OF JUDICIAL FIRST CLASSMAGISTRATE COURT, MATTANCHERY

PETITIONER/ACCUSED :-

FAIZAL K HAGED 51 YEARSS/O. HASSAN BAVA, RESIDING AT CC NO.2/327, KALVATHY, FORT KOCHI P.O., FORT KOCHI, ERNAKULAM-682001.

BY ADV RAIEEZ M ASHRAF

RESPONDENTS/STATE & DEFACTO COMPLAINANT :- 1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

2HAMEED P MAGED 70 YEARSS/O. ALIKKUTTY MUHAMMED, RESIDING AT THARAPARAMBIL HOUSE, KOTTAPPURAM, ALANGATTU, ALUVA, ERNAKULAM DISTRICT, PIN-683511.

BY ADV MITHUN P.

SRI.ARAVIND, 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.1343/2021

of Fort Kochi Police Station and the offences alleged against thepetitioner are under Sections 323 and 341 of the Indian PenalCode.

2. The allegation is that on 08.09.2021 at about 14.00

pm the petitioner under the influence of alcohol, without anyprovocation wrongfully restrained the 2[nd] respondent/defactocomplainant and hit him with his bare hands and therebycommitted the aforesaid offences.

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

4. It is submitted by respective counsel that thepetitioner and the second respondent have arrived at an amicable settlement and Annexure A2 is the affidavit filed. The affidavit, inter alia, state that all the disputes are settled and thatthe pendency of criminal proceeding would cause hardship to allthe parties.

5. From the submission across the Bar and perusing the criminal M.C. and the affidavit referred above, I am satisfied that there has been an amicable settlement and that there is novitiating circumstances in the respondent filing the affidavit. Nopurpose 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 ofthe case and in exercise of power of this Court under Section482 of the Code of Criminal Procedure, I hereby quashAnnexure A1 Final Report and all further proceedings inC.C.No.1861 of 2021 on the files of the Judicial First Class CRL.MC NO. 5547 OF 2021

Magistrate Court, Mattancherry in Crime No.1343 of 2021 of Fort Kochi Police Station against this petitioner.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

SMA

APPENDIX

PETITIONER ANNEXURES

Annexure A1THE CERTIFIED COPY OF THE FINALREPORT/CHARGE SHEET, IN CRIME NO.1343OF 2021 OF FORT KOCHI POLICE STATION,ERNAKULAM DISTRICT.Annexure A2THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE2ND RESPONDENT/DEFACTO COMPLAINANT.

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