Ansar vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the accused in Crime No.810/2007 of Vadakara Police Station, Kozhikode District and the offences alleged against the petitioner is

under Sections 143, 147, 148, 341, 323, 324, 427 and 506(ii) r/w Section 149 of the Indian Penal Code.

The allegation is that on 21.10.2007 at around 06.20 p.m. the petitioner formed themselves into an unlawful assembly and wrongfully restrained the

defacto complainant who was coming in an autorickshaw and assaulted him using iron rod and with hands and also caused damages to the

autorickshaw to the tune of Rs.600/-. Thereby committed the aforesaid offences.

Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel for the third respondent.

It is submitted by respective counsel that the petitioner and the third respondent have arrived at an amicable settlement and Annexure A-III is the

affidavit filed. The affidavit, 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 affidavit referred above, I am satisfied that there has been an amicable

settlement and that there is no vitiating circumstances in the respondent filing the affidavit. 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]a nd 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 A-II Final Report and all further proceedings in C.C.No.179 of 2021 on the files of the Judicial First Class Magistrate Court, Vadakara in

Crime No.810 of 2007 of Vadakara Police Station against this petitioner.

The Crl.MC is allowed as above.