Kerala High Court
Crl.MC/2356/2021 of FAISAL 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. 2356 OF 2021 CRIME NO.309/2021 OF Hosdurg Police Station, Kasargod PETITIONERS/ACCUSED :- 1 FAISAL AGED 40 YEARS S/O. USMAN, R/AT MUNDOTTU,
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. 2356 OF 2021
CRIME NO.309/2021 OF Hosdurg Police Station, Kasargod PETITIONERS/ACCUSED :- 1FAISAL
AGED 40 YEARSS/O. USMAN, R/AT MUNDOTTU, AMBALATHARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
2PRAJEEPAN
AGED 39 YEARSHOSDURG TALUK, KASARAGOD DISTRICT.
S/O. KRISHNAN, R/AT MUNDOTTU, AMBALATHARA VILLAGE, BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/DEFACTO COMPLAINANT :- 1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2SHIHABUDHEEN C.AGED 21 YEARSS/O. ABDULLA, THOTTINAD HOUSE, KANHIRAPOIL, AMBALATHARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV VIPIN T JOSE SRI.RENJITH GEORGE, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
The petitioner is the accused in Crime
No.309/2021 of Hosdurg Police Station, Kasargod District and the offences alleged against the petitioners are underSections 323, 326 and 427 r/w Section 34 of the IndianPenal Code.
2. The allegation is that on 28.03.2021 at 16.35
hours, due to previous enmity the 1[st] accused slapped thedefacto complainant and also attacked him with iron rod andcaused fracture to the left hand and also damaged hisscooty and caused a loss of Rs.1,000/-. Thereby committedthe aforesaid offences.
3. Heard the learned counsel for the petitioners, thelearned Public Prosecutor as well as the learned counsel forthe second respondent.
Heard the learned counsel for the petitioners, the
4. It is submitted by respective counsel that the petitioners and the second respondent have arrived at an amicable settlement and Annexure II is the affidavit filed.The affidavit, inter alia, states that all the disputes are settledand that the pendency of criminal proceeding would causehardship to all the parties.
5. From the submission across the Bar and perusingthe criminal M.C. and the affidavit referred above, I amsatisfied that there has been an amicable settlement andthat there is no vitiating circumstances in the respondentfiling the affidavit. 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 AI FIR and all further proceedings in Crime
No.309/2021 of Hosdurg Police Station, Kasargod District against these petitioners 1 and 2.
The Crl.MC is allowed as above.
Sd/-
SMA
MOHAMMED NIAS C.P.
JUDGE
CRL.MC NO. 2356 OF 2021
APPENDIX
PETITIONER ANNEXURES :-
ANNEXURE AI A TRUE COPY OF THE FIR IN CRIMENO.309 OF 2021 OF HOSDURG POLICESTATION.
ANNEXURE AII A TRUE COPY OF THE AFFIDAVIT SWORN TOBY THE 2ND RESPONDENT.