Kerala High Court
Crl.MC/6142/2021 of HAMSA. K.I. 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. 6142 OF 2021 CRIME NO.186/2019 OF VIDYA NAGAR POLICE STATION, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 745/2019 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. 6142 OF 2021
CRIME NO.186/2019 OF VIDYA NAGAR POLICE STATION, Kasargod AGAINST THE ORDER/JUDGMENT IN CC 745/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS, KASARAGOD
PETITIONERS / ACCUS ED :-
1HAMSA. K.I.AGED 30 YEARSS/O. IBRAHIM HAJI, R/AT PANALAM HOUSE, CHEROOR P.O, CHENGALA VILLAGE, KASARAGOD TALUK AND DISTRICT-671 123
S/O. IBRAHIM HAJI, R/AT PANALAM HOUSE,
2MUHAMMED RAMEES.P.A.,AGED 27 YEARSAGED 27 YEARS
S/O. ABOOBACKER, R/AT PANALAM HOUSE,
CHEROOR P.O, CHENGALA VILLAGE, KASARAGOD TALUK AND DISTRICT-671 123
BY ADV VIPIN T JOSE
RESPONDENTS/STATE/DEFACTO COMPLAINANT :- 1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2ABDUL SWADUQAGED 28 YEARSS/O. ABDUL KHADER ABOOBACKER, SWADIQ MANZIL, PERUMBALA ROAD, NAYAMMAR MOOLA, CHENGALA VILLAGE, KASARAGOD DISTRICT-671 123
BY ADV A.ARUNKUMAR
SRI.RENJITH GEORGE, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
O R D E R
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The petitioners are accused in Crime
No.186/2019 of Vidhyanagar Police Station, which is nowpending as C.C.No.745 of 2019 on the files of Judicial FirstClass Magistrate-I, Kasargod and the offences allegedagainst the petitioners are under Sections 323 and 324 r/wSection 34 of the Indian Penal Code.
2. The allegation is that on 23.05.2019 at 18.15hours, the accused due to political rivalry attacked thedefacto complainant with wooden stick and hands andcaused injury and thereby committed the aforesaidoffences.
3. Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counselfor the second respondent.
4. It is submitted by respective counsel that the petitioners and the second respondent have arrived at anamicable settlement and Annexure AIII is the affidavit filed.The affidavit, inter alia, states that all the disputes aresettled and that the pendency of criminal proceeding wouldcause hardship to all the parties.
5. From the submission across the Bar and
perusing the criminal M.C. and the affidavit referred above, I am satisfied that there has been an amicable settlement and that there is no vitiating circumstances in therespondent filing the affidavit. No purpose will be served bycontinuing the proceedings in the above 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 andcircumstances of the case and in exercise of power of this Court under Section 482 of the Code of CriminalProcedure, I hereby quash Annexure AII Final Report and all further proceedings in Crime No.186 of 2019 ofVidhyanagar Police Station, now pending as C.C.No.745 of2019 on the files of the Judicial First Class Magistrate-I,Kasargod against these petitioners.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SMA
APPENDIX
PETITIONER ANNEXURES :-
Annexure A1
Annexure AII
Annexure AIII
CERTIFIED COPY OF THE FIR CRIME NO.186 OF 2019 OF VIDHYANAGAR POLICE STATIONCERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.186 OF 2019 OF VIDHYANAGAR POLICE STATIONA TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 20.10.2021
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