Kerala High Court

Crl.MC/5862/2021 of ANSHAD ABDULLA Vs THE 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. 5862 OF 2021 CRIME NO.1108/2020 OF Kattoor Police Station, Thrissur AGAINST THE ORDER/JUDGMENT IN CC 675/2021 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. 5862 OF 2021

CRIME NO.1108/2020 OF Kattoor Police Station, Thrissur AGAINST THE ORDER/JUDGMENT IN CC 675/2021 OF JUDICIAL MAGISTRATE OF

FIRST CLASS, IRINJALAKUDA

PETITIONERS/ACCUSED PERSONS 1 TO 3 :-

1ANSHAD ABDULLA

AGED 25 YEARSS/O ABDULLA, NEDUMPURAKKAL HOUSE,EDATHIRINJUI DESOM, EDATHIRINJI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680122.

2VISHNU AGED 26 YEARSS/O THILAKAN, PERUMPILLY HOUSE,PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680122

3MANIKANDAN

AGED 30 YEARSS/O SHAJI, KATHIKODATH HOUSE, PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680122

BY ADV N.L.BITTO

RESPONDENTS/STATE OF KERALA AND THE COMPLAINANT :- 1THE STATE OF KERALAREPRESENTED BY THE SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

REPRESENTED BY THE SUB INSPECTOR OF POLICE, KATTOOR

2UNNIKRISHNANAGED 53 YEARS

S/O BALAKRISHNAN, THAKLIYAMPARAMBIL HOUSE, PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680122

3SANTHOSHAGED 50 YEARSS/O SALGUNAN, POLASSERY HOUSE, PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680122.

BY ADV K.SUDHINKUMAR

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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O R D E R

The petitioners are accused Nos.1 to 3 in CrimeNo.1108/2020 of Kattoor Police Station, now pending asC.C.No.675 of 2021 before the Judicial First Class Magistrate,Irinjalakkuda and the offences alleged against the petitioners areunder Sections 294(b), 323, 341 and 506 r/w Section 34 of theIndian Penal Code.

2. The allegation is that on 13.12.2020 at about 5.35 pm, thepetitioners were abused the defacto complainant, and when theyquestioned the same, the petitioners attacked them by fisting andkicking and threatened them to death. Thereby they havecommitted the aforesaid offences.

3. Heard the learned counsel for the petitioners, thelearned Public Prosecutor as well as the learned counsel forrespondents 2 and 3.

Heard the learned counsel for the petitioners, the

4. It is submitted by respective counsel that the petitioners and respondents 2 and 3 have arrived at an amicable settlement and Annexures A-IIII and IV are the affidavits filed. The affidavits,inter alia, state that all the disputes are settled and that thependency of criminal proceeding would cause hardship to all theparties.

5. From the submission across the Bar and perusing thecriminal M.C. and the affidavits referred above, I am satisfied thatthere has been an amicable settlement and that there is no vitiatingcircumstances in the respondents filing the affidavits. No purposewill be served by continuing the proceedings in the abovecircumstances.

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 case and inexercise of power of this Court under Section 482 of the Code ofCriminal Procedure, I hereby quash Annexure A1 FIR and A-II FinalReport all further proceedings in C.C.No.675 of 2021 on the files of the Judicial First Class Magistrate Court-I, Irinjalakuda in CrimeNo.1108 of 2020 of Kattoor Police Station against petitioners 1 to 3.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

SMA

APPENDIX OF CRL.MC 5862/2021

PETITIONER ANNEXURESAnnexure A1

Annexure A2

Annexure A3

Annexure A4

CERTIFIED COPY OF THE FIR IN CRIME NO.1108 OF 2021 OF THE KATTOOR POLICE STATION DATED 14.12.2020.CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1108 OF 2020 OF THE KATTOOR POLICE STATION SUBMITTED ON 30.01.2021.ORIGINAL OF THE AFFIDAVIT OF TEH 2ND RESPONDENT DARTED 22.09.2021.

ORIGINAL OF THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 22.09.2021.

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