Mahesh.M vs State Of Kerala

Mohammed Nias.C.P., J

The petitioners are the accused in Crime No.114/2021 of Rajapuram Police Station, Kasaragod District and the offences alleged against the petitioners are under Sections 341, 323, 326 r/w 34 of the Indian Penal Code.

The allegation is that on 28.02.2021, at about 7.20 p.m., while the defacto complainant who is the Ooru Moopan in Kolappuram Colony, was returning after a mediation talk, the accused wrongfully restrained him and attacked him with iron rod and stick and caused injuries and thereby committed the offences as alleged by the prosecution.

Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for respondents No. 2.

It is submitted by respective counsel that the petitioners and respondents No.2 have arrived at an amicable settlement and Annexure AII is the affidavit filed. The affidavit, inter alia, state that all 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. It is submitted by the learned Public Prosecutor that the statement of the defacto complainant has also be taken to verify the genuineness of the settlement.

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.114/2021 of Rajapuram Police Station, Kasaragod District against petitioners 1 and 2.

The Crl.MC is allowed as above.