High CourtsSingle Bench

Athul P. Biju vs State Of Kerala

High Court Of Kerala · Decided on 31 December 2021 · Citation: (2021) 12 KL CK 0217

HON’BLE JUDGES
Mohammed Nias C.P, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 143, 144, 147, 148, 149, 294(b), 323, 324, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 5994 Of 2021
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Judgment

17 paragraphs · 291 words

Mohammed Nias C.P., J

1.

The petitioners are accused in Crime No.1678/2021 of Kanjirapally Police Station, Kottayam District and the offences alleged against the

petitioners are under Sections 143, 144, 147, 148, 149, 294(b), 341, 323 and 324 of the Indian Penal Code.

2.

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 other using an iron rod and thereby committed the aforesaid offences.

3.

Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for respondents 2 to 9.

4.

It is submitted by respective counsel that the petitioners and respondents 2 to 9 have arrived at an amicable settlement and Annexures A2 to A9 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.

5.

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.

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 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.1678 of 2021 of Kanjirapally Police Station, Kottayam District against these

petitioners.

The Crl.MC is allowed as above.