Kerala High Court
Crl.MC/5905/2021 of ANSAR Vs STATION HOUSE OFFICER 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. 5905 OF 2021 CRIME NO.810/2007 OF Vadakara Police Station, Kozhikode AGAINST THE ORDER/JUDGMENT IN CC 179/2021 OF JUDICIAL MAGISTRATE OF FIRST
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. 5905 OF 2021
CRIME NO.810/2007 OF Vadakara Police Station, Kozhikode AGAINST THE ORDER/JUDGMENT IN CC 179/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS, VADAKARA
PETITIONER/ACCUSED :-
ANSAR
AGED 37 YEARSS/O.AMMED, MEETHALE ADANGATTU MEETHALL HOUSE, ADAMARI AMSOM DESOM, VADAKARA, KOZHIKODE – 673103.
BY ADV T.G.RAJENDRAN
RESPONDENTS/STATE & COMPLAINANT :-
1STATION HOUSE OFFICERVADAKARA POLICE STATION, KOZHIKODE DISTRICT - 673103. 2THE STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
3REJITHS/O. KUMARAN, MURICHU KILACHATHIL HOUSE, NEAR VALLIAD HEALTH CENTRE, KOTTAPPALLY P.O, VATAKARA TALUK, KOZHIKODE - 673542.
BY ADV N.KRISHNA RAJA MAULI 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.810/2007 of Vadakara Police Station, Kozhikode District and the offencesalleged against the petitioner is under Sections 143, 147, 148,341, 323, 324, 427 and 506(ii) r/w Section 149 of the IndianPenal Code.
2. The allegation is that on 21.10.2007 at around 06.20p.m. the petitioner formed themselves into an unlawful assemblyand wrongfully restrained the defacto complainant who wascoming in an autorickshaw and assaulted him using iron rod andwith hands and also caused damages to the autorickshaw to thetune of Rs.600/-. Thereby committed the aforesaid offences.
The allegation is that on 21.10.2007 at around 06.20
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-III is the affidavit filed. The affidavit, inter alia,state 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-II FinalReport and all further proceedings in C.C.No.179 of 2021 on the files of the Judicial First Class Magistrate Court, Vadakara inCrime No.810 of 2007 of Vadakara Police Station against thispetitioner.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE
SMA
APPENDIX
PETITIONER ANNEXURES
Annexure 1
Annexure II
Annexure III
CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CR. NO. 810/2007.CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 179/2021 ON THE FILE OF THE JUDICIAL IST CLASS MAGISTRATE, VADAKARA DATED 21.10.2007.COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 7.10.2021.