Kerala High Court

Crl.MC/6080/2021 of KIRANGHOSH Vs 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. 6080 OF 2021 CRIME NO.988/2013 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA AGAINST THE ORDER/JUDGMENT IN LPC 9/2018 OF JUDICIAL FIRST CLASS

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, 1943CRL.MC NO. 6080 OF 2021

CRIME NO.988/2013 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA

AGAINST THE ORDER/JUDGMENT IN LPC 9/2018 OF JUDICIAL FIRST CLASS

MAGISTRATE-I, HARIPAD

PETITIONER/ACCUSED:

KIRANGHOSH,AGED 35 YEARS,

S/O. UTHAMAN, R/AT. 'USHAS', KARIVAATTAMKUZHI MURI, KEERIKKAD VILLAGE, KAREELAKULANGARA, ALAPPUZHA DISTRICT.

BY ADV A.ARUNKUMAR

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.2DIVITHA,AGED 26 YEARS, D/O. DEEPA, DEEPALAYAM, KARIVAATTAMKUZHI MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLI TALUK, ALAPPUZHA DISTRICT-690572.

BY ADV R.RAJAT

ADV.SRI.RANJIT GEORGE – PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRL.MC NO.6080 OF 2021

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ORDER

The petitioner is the accused in Crime

No.988/2013 of Kareelakulangara Police Station, Alappuzha District and the offences alleged against thepetitioner are under Sections 323, 354 and 341 of theIndian Penal Code.

2. The allegation is that on 01.12.2013 ataround 12.20 hours, the accused wrongfully restrainedthe defacto complainant who was walking through theNH road and slapped her twice and caught hold of herhair and hit on her back and thereby committed theoffence.

3. Heard the learned counsel for the petitioner,the learned Public Prosecutor as well as the learnedcounsel for the second respondent.

Heard the learned counsel for the petitioner,

4. It is submitted by respective counsel that the petitioner and the second respondent have arrived at anamicable settlement and Annexure A-III is the affidavitfiled. The affidavit, inter alia, states that all the disputesare settled and that the pendency of criminal proceedingwould cause hardship to all the parties.

5. From the submission across the Bar andperusing the Criminal M.C. and the affidavit referredabove, I am satisfied that there has been an amicablesettlement and that there is no vitiating circumstances inthe respondent filing the affidavit. No purpose will beserved by continuing the proceedings in the abovecircumstances.

From the submission across the Bar and

6. In view of the judgment of the Hon'bleSupreme Court in Gian Singh v. State of Punjab andanother [2012 (10) SCC 303] and considering the factsand circumstances of the case and in exercise of powerof this Court under Section 482 of the Code of CriminalProcedure, I hereby quash Annexure A-II Final Report and all further proceedings in C.C.No.1135 of 2021 onthe files of the Judicial First Class Magistrate-I, Haripadin Crime No.988 of 2013 of Kareelakulangara PoliceStation against this petitioner.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

DM

APPENDIX OF CRL.MC 6080/2021

PETITIONER ANNEXURES

ANNEXURE AICERTIFIED COPY OF THE F.I.R. IN CRIME NO.988 OF 2013 OF KAREELAKULANGARA POLICE STATION.CRIME NO.988 OF 2013 OF KAREELAKULANGARA POLICE STATION.

ANNEXURE AIICERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.988 OF 2013 OF KAREELAKULANGARA POLICE STATION.IN CRIME NO.988 OF 2013 OF KAREELAKULANGARA POLICE STATION.

ANNEXURE AIIIA TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 3.12.2021.TO BY THE 2ND RESPONDENT DATED 3.12.2021.

RESPONDENTS ANNEXURES : NIL

//TRUE COPY//

PA TO JUDGE

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