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Judgment
17 paragraphs · 298 wordsMohammed Nias C.P., J
The petitioner is the accused in Crime No.1343/2021 of Fort Kochi Police Station and the offences alleged against the petitioner are under Sections
323 and 341 of the Indian Penal Code.
The allegation is that on 08.09.2021 at about 14.00 pm the petitioner under the influence of alcohol, without any provocation wrongfully restrained
the 2nd respondent/defacto complainant and hit him with his bare hands and thereby committed the aforesaid offences.
Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel for the second respondent.
It is submitted by respective counsel that the petitioner and the second respondent have arrived at an amicable settlement and Annexure A2 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 A1 Final Report and all further proceedings in C.C.No.1861 of 2021 on the files of the Judicial First Class Magistrate Court, Mattancherry
in Crime No.1343 of 2021 of Fort Kochi Police Station against this petitioner.
The Crl.MC is allowed as above.