Kerala High Court
Crl.MC/5803/2021 of HUSSAIN. M., 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. 5803 OF 2021 AGAINST CRIME NO.14 OF 2012 OF BEKAL POLICE STATION, NOW PENDING AS LPC NO.8/2020 OF THE 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, 1943
CRL.MC NO. 5803 OF 2021
AGAINST CRIME NO.14 OF 2012 OF BEKAL POLICE STATION, NOW PENDING ASLPC NO.8/2020 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONER/ACCUSED:
HUSSAIN. M.,AGED 28 YEARS, S/O. HASSAINAR,ARAFATH MANZIL, CHOYICHINGAL, MANGAD,BARA VILLAGE, KASARAGOD DISTRICT.
BY ADV A.ARUNKUMAR
RESPONDENTS/COMPLAINANT/STATE:
1STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 0312SUDHAKARAN K.M.AGED 47 YEARS, S/O. LATE KOTTAN,CHAPPILA NILAYAM, MANAGAD, BARA VILLAGE AND POST, HOSDURG TALUK, KASARAGOD DISTRICT-671315.3BALACHANDRAN M.B.AGED 48 YEARS, S/O. LATE BAMBAN, MANGAD HOUSE, BARA VILLAGE AND POST, HOSDURG TALUK, KASARAGOD DISTRICT-671315.
CHAPPILA NILAYAM, MANAGAD, BARA VILLAGE AND POST, BY ADV VIPIN T JOSE
OTHER PRESENT:
ADV. ARAVIND V MATHEW-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.14/2012 of Bekkal Police Station, Kasargod District (now pending as L.P.C.No.08/2020 on the files of the Judicial First Class Magistrate-II,Hosdurg) and the offences alleged against the petitioner areunder Sections 143, 147, 148, 323, 324, 326, 506(ii), 308, 153Ar/w 149 of the Indian Penal Code.
2. The allegation is that on 04.01.2012 at 19.15 hours atChoichinkallu at the public road accused belongs to muslimcommunity with an intention to promote enmity between tworeligious group attacked the defacto complainant and anotherand attempted to kill them and thereby committed the offence asalleged.
The allegation is that on 04.01.2012 at 19.15 hours at
3. Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel for thesecond and third respondents.
4. It is submitted by respective counsel that the petitioner has arrived at an amicable settlement with the second and third respondents and Annexures A-IV & V are the affidavits filed.The affidavits, inter alia, state that all the disputes are settled andthat the pendency of criminal proceeding would cause hardshipto all the parties.
5. From the submission across the Bar and perusing the criminal M.C. and the affidavits referred above, I am satisfiedthat there has been an amicable settlement and that there is novitiating circumstances in the respondent filing the affidavit. 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 Annexure A-VI order dated 16.09.2021 in Crl.M.C.No.3644/2021, and also considering the facts and circumstancesof the case and in exercise of power of this Court under Section 482 of the Code of Criminal Procedure, I hereby quash AnnexureA-II Final Report, and all further proceedings in L.P.C.No.08 of2020 on the files of the Judicial First Class Magistrate Court-II,Hosdurg in Crime No.14 of 2012 of Bekal Police Station againstthe petitioner herein.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Skk
APPENDIX OF CRL.MC 5803/2021
PETITIONER’S ANNEXURES:-
Annexure AITRUE COPY OF THE F.I.R IN CRIME NO. 14 OF 2012 OF BEKAL POLICE STATION, KASARAGOD.OF 2012 OF BEKAL POLICE STATION, KASARAGOD.
Annexure AIICERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 14 OF 2012 OF BEKAL POLICE STATION KASARAGOD.CRIME NO. 14 OF 2012 OF BEKAL POLICE STATION KASARAGOD.Annexure A1IICERTIFIED COPY OF THE JUDGMENT DATED 08.07.2021 IN S.C. NO. 434 OF 2019 ON THE FILES OF ADDITIONAL SESSIONS COURT-III KASARAGOD.08.07.2021 IN S.C. NO. 434 OF 2019 ON THE FILES OF ADDITIONAL SESSIONS COURT-III KASARAGOD.Annexure AIVA TRUE COPY OF THE AFFIDAVIT SWORN TO BYTHE 2ND RESPONDENT.THE 2ND RESPONDENT.
Annexure AVA TRUE COPY OF THE AFFIDAVIT SWORN TO BYTHE 3RD RESPONDENT.THE 3RD RESPONDENT.
Annexure AVIA TRUE COPY OF THE ORDER DATED 16.09.2021 IN CRL.M.C. NO. 3644 OF 2021.16.09.2021 IN CRL.M.C. NO. 3644 OF 2021.
RESPONDENTS’ ANNEXURES:-
NIL