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Judgment
18 paragraphs · 357 wordsMohammed Nias C.P., J
The petitioners are accused Nos.1 to 7 in Crime No.1679/2021 of Kanjirapally Police Station, Kottayam District and the offences alleged against
the petitioners are under Sections 143, 144, 147, 148, 149, 341, 323, 324 and 326 of the Indian Penal Code.
The allegation is that on 10.11.2020 at about 11.30 a.m. the petitioners formed into an unlawful assembly and intended to manhandle the de-facto
complainant and others by using an iron rod, the 1st accused pulled down the friend of the de-facto complainant and kicked him and on seeing this the
de-facto complainant tried to prevent the 1st accused, the 1st accused hit the de-facto complainant on his right palm with the iron stick and caused
injury to him and the 1st accused and 7 others kicked the de-facto complainant and thereby committed the aforesaid offences.
Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for respondents 2 to 11.
It is submitted by respective counsel that the petitioners and respondents 2 to 11 have arrived at an amicable settlement and Annexures A2 to A11
are the affidavits filed. The affidavits, inter alia, state that all the disputes are settled and that the pendency of criminal proceeding would cause
hardship to all the parties.
From the submission across the Bar and perusing the criminal M.C. and the affidavits referred above, I am satisfied that there has been an
amicable settlement and that there is no vitiating circumstances in the respondents filing the affidavits. No purpose will be served by continuing the
proceedings in the above circumstances.
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 case and in exercise of power of this Court under Section 482 of the Code of Criminal Procedure, I hereby quash Annexure
A1 FIR and all further proceedings in Crime No.1679 of 2021 of Kanjirapally Police Station, Kottayam District against these petitioners 1 to 7 .
The Crl.MC is allowed as above.