Kerala High Court

Crl.MC/5856/2021 of UNNIKRISHNAN 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. 5856 OF 2021 CRIME NO.1120/2020 OF Kattoor Police Station, Thrissur AGAINST THE ORDER/JUDGMENT IN CC 1385/2021 OF JUDICIAL MAGISTRATE OF FIRST

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, 1943CRL.MC NO. 5856 OF 2021

CRIME NO.1120/2020 OF Kattoor Police Station, Thrissur AGAINST THE ORDER/JUDGMENT IN CC 1385/2021 OF JUDICIAL MAGISTRATE OFFIRST CLASS, IRINJALAKUDA

PETITIONERS/ACCUSED NOS.1 TO 3 :-

1UNNIKRISHNANAGED 53 YEARSS/O.BALAKRISHNAN, THAKLIYAMPARAMBIL HOUSE, PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 122

2SANTHOSHAGED 50 YEARSS/O.SALGUNAN, POLASSERY HOUSE, PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 122

3RAGHUNATHANAGED 60 YEARSS/O.BALAKRISHNAN, THAKLIYAMPARAMBIL HOUSE, PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 122

BY ADV N.L.BITTO

RESPONDENTS/STATE OF KERALA AND THE COMPLAINANTS :- 1STATE OF KERALAREP.BY THE SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM 682 031

2ANSHAD ABDULLAAGED 24 YEARS

S/O.ABDULLA, NEDUMPURAKKAL HOUSE, EDATHIRINJI DESOM, EDATHIRINJI VILLAGE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT, PIN 680 122

3VISHNUAGED 26 YEARSS/O.THILAKAN, PERUMPILLY HOUSE, HOUSE, PADIYOOR DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 122

BY ADV K.SUDHINKUMAR SRI.RENJITH GEORGE, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON 31.12.2021, THE COURT ON THE SAME DAY PASSED THEFOLLOWING:

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O R D E R

The petitioners are accused Nos.1 to 3 in Crime No.1120/2020 of Kattoor Police Station,now pending as

C.C.No.1385 of 2021 before the Judicial First Class Magistrate-I, Irinjalakkuda and the offences alleged against the petitionersare under Sections 341, 323, 324 r/w Section 34 of the IndianPenal Code.

2. The allegation is that on 13.12.2020 when thedefacto complainant questioned the petitioners when theirvehicle hit on his shoulder, these petitioners attacked him by aniron rod. Thereby they have committed the aforesaid offences.

3. Heard the learned counsel for the petitioners, thelearned Public Prosecutor as well as the learned counsel forrespondents 2 and 3.

4. It is submitted by respective counsel that the petitioners and respondents 2 and 3 have arrived at anamicable settlement and Annexures A-IIII and IV are theaffidavits filed. The affidavits, inter alia, state that all thedisputes are settled and that the pendency of criminalproceeding would cause hardship to all the parties.

5. From the submission across the Bar and perusing thecriminal M.C. and the affidavits referred above, I am satisfiedthat there has been an amicable settlement and that there is novitiating circumstances in the respondents filing the affidavits.No purpose will be served by continuing the proceedings in theabove 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 circumstances ofthe case and in exercise of power of this Court under Section482 of the Code of Criminal Procedure, I hereby quashAnnexure A1 FIR and A-II Final Report all further proceedings in

C.C.No.1385 of 2021 on the files of the Judicial First ClassMagistrate Court-I, Irinjalakuda in Crime No.1120 of 2020 ofKattoor Police Station against petitioners 1 to 3.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

SMA

APPENDIX

PETITIONER ANNEXURES :-

Annexure I

Annexure II

Annexure III

Annexure IV

A TRUE COPY OF THE FIR IN CRIME NO.1120OF 2020 OF THE KATTOOR POLICE STATION DATED 19.12.2021A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1120 OF 2020 OF THE KATTOOR POLICE STATION SUBMITTED ON 4/5/2021ORIGINAL OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 22/9/2021ORIGINAL OF THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 22/9/2021

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