Kerala High Court
Crl.MC/5988/2021 of VIJESH P. 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. 5988 OF 2021 CRIME NO.9/2019 OF Nileswar Police Station, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 120/2019 OF JUDICIAL MAGISTRATE OF 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, 1943CRL.MC NO. 5988 OF 2021
CRIME NO.9/2019 OF Nileswar Police Station, KasargodAGAINST THE ORDER/JUDGMENT IN CC 120/2019 OF JUDICIAL MAGISTRATE OFFIRST CLASS -II, HOSDRUG
PETITIONERS/ACCUSED NOS.1 TO 3 :-
1VIJESH P.AGED 32 YEARSS/O. BABU, PUTHIYAPARAMBATH HOUSE, VATTAPOYIL, PEROLE VILLAGE, KASARAGOD DISTRICT.
2NANDU ANAND P. P. AGED 22 YEARSS/O. PRAMOD ANANDAN, NANDANAM, VATTAPOYIL, PEROLE VILLAGE, KASARAGOD DISTRICT.
3SHINE MON U. V. AGED 27 YEARSVAKKAVALAPPIL HOUSE, VATTAPOYIL, PEROLE VILLAGE, KASARAGOD DISTRICT.
BY ADVS.M.RAMESH CHANDER (SR.)BONNY BENNYBEJOY JOSEPH P.J.BALU TOM
RESPONDENT/COMPLAINANT/STATE :-
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031.
2SURESH THEKKEVEEDUS/O. GOVINDAN, THEKKE VEEDU, NEAR VISHWAKARMA OFFICE, VATTAPOYIL, PEROLE VILLAGE, HOSDURG TALUK, P. O. NILESHWAR, KASARAGOD – 671314.
3UMESH P.TAGED 35 YEARS
S/O. GOVINDAN, THEKKE VEEDU,
NEAR VISHWAKARMA OFFICE, VATTAPOYIL,
PEROLE VILLAGE, HOSDURG TALUK, P. O. NILESHWAR, KASARAGOD – 671314.
BY ADV GOVIND G. NAIR SRI.RENJITH GEORGE, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON 31.12.2021, THE COURT ON THE SAME DAY PASSED THEFOLLOWING:
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ORDER
The petitioners are the accused Nos.1 to 3 in Crime No.09/2019 of Neeleswaram Police Station now pending asC.C.No.120/2019 of the Judicial First Class Magistrate-II,Hosdurg and the offences alleged against the petitioners areunder Sections 143, 147, 148, 448 and 427 r/w Section 149 ofthe Indian Penal Code.
2. The 2[nd] respondent is the defacto complainant. He was thePresident of BJA Vattapoyil Unit in Nileshwar. The 3[rd]respondent is the Present President of the said BJP Unit. On02.01.2019 at about 10.30 pm the petitioners trespassed inot theoffice of the BJP and caused mischief and sustained a loss ofRs.7,500/- and thereby committed the aforesaid offences.
3. Heard the learned counsel for the petitioners, thelearned Public Prosecutor as well as the learned counsel for respondents 2 and 3.
4. It is submitted by respective counsel that the petitioners and respondents 2 and 3 have arrived at an amicablesettlement and Annexures A2 and A3 are the affidavits filed. Theaffidavits, 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 thecriminal M.C. and the affidavits referred above, I am satisfiedthat there has been an amicable settlement and that there is novitiating circumstances in the respondents filing the affidavits. 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 of the caseand in exercise of power of this Court under Section 482 of the Code of Criminal Procedure, I hereby quash Annexure A2 FinalReport and all further proceedings in C.C.No.120 of 2019 on thefiles of the Judicial First Class Magistrate Court-II, Hosdurg inCrime No.09 of 2019 of Neeleswaram Police Station againstpetitioners 1 to 3.
The Crl.MC is allowed as above.
Sd/-
SMA
MOHAMMED NIAS C.P.
JUDGE
APPENDIX OF CRL.MC 5988/2021
PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE FIR AND CHARGE INCRIME NO.9/2019 OF NEELESWARAM POLICESTATION DATED 04.01.2019. Annexure A2ORIGINAL OF THE AFFIDAVIT SWORN TO BYTHE 2ND RESPONDENT DATED 16.11.2021. Annexure A3ORIGINAL OF THE AFFIDAVIT SWORN TO BYTHE 3RD RESPONDENT DATED 16.11.2021.