Kerala High Court
Crl.MC/2328/2021 of SAHAL ABDUL NAZAR 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. 2328 OF 2021 AGAINST CRIME NO.278 OF 2021 OF HOSDURG POLICE STATION, KASARAGOD PETITIONER/ACCUSED: SAHAL ABDUL NAZAR AGED 22 YEARS, S/O ABDUL
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
CRL.MC NO. 2328 OF 2021
AGAINST CRIME NO.278 OF 2021 OF HOSDURG POLICE STATION, KASARAGOD
PETITIONER/ACCUSED:
SAHAL ABDUL NAZARAGED 22 YEARS, S/O ABDUL NAZAR, KUMBALA ROAD, PARAPALLY, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/COMPLAINANT:
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.2XXX(VICTIM IN CRIME NO.278 OF 2021 OF HOSDURG POLICE STATION)
BY ADV VIPIN T JOSE
OTHER PRESENT:
ADV. RANJIT 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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ORDER
The petitioner is the accused in Crime No.278/2021 of Hosdurg Police Station, Kasaragod and the offences allegedagainst the petitioner are under Sections 354, 354D(1) of theIndian Penal Code and Section 120(o) of the Kerala Police Act.
2. The allegation is that since November, 2020
onwards, the accused followed the defacto complainant and hadsent messages through phone, causing nuisance to her and on26.03.2021 at 20.00 hours at the courtyard of the defactocomplainant at Bavanagar of Kanhangad village, the accusedcaught hold of her hand and outraged her modesty. Therebycommitted the offence as alleged by the prosecution.
3. Heard the learned counsel for the petitioner, thelearned Public Prosecutor as well as the learned counsel for thethird respondent.
4. It is submitted by respective counsel that the petitioner and the third respondent have arrived at an amicable settlementand Annexure A-II is the affidavit filed. The affidavit, inter alia,states that all the disputes are settled and that the pendency ofcriminal proceeding would cause hardship to all the parties.
5. From the submission across the Bar and perusing thecriminal M.C. and the affidavit referred above, I am satisfied thatthere has been an amicable settlement and that there is novitiating circumstances in the respondent filing the affidavit. No purpose 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 theCode of Criminal Procedure, I hereby quash Annexure A-I FirstInformation Report and all further proceedings in Crime No.278
CRL.MC NO. 2328 OF 2021
4
of 2021 of Hosdurg Police Station against the petitioner herein.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE
Skk
APPENDIX OF CRL.MC NO. 2328 OF 2021
PETITIONER’S ANNEXURES:-
Annexure AIA TRUE COPY OF THE F.I.R. IN CRIME NO.278 OF 2021 OF HOSDURG POLICE STATION.
Annexure AIIA TRUE COPY OF THE AFFIDAVIT SWORN TO BYTHE 2ND RESPONDENT.
RESPONDENTS’ ANNEXURES:-
NIL