High CourtsSingle Bench

Nikhil vs State Of Kerala

High Court Of Kerala · Decided on 9 February 2022 · Citation: (2022) 02 KL CK 0085

HON’BLE JUDGES
K.Haripal, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 308, 323, 324, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 3394 Of 2021
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Judgment

14 paragraphs · 240 words

K.HARIPAL

1.

Petitioners are the accused in Crime No.430/2021 of Anthikkad police station registered on 21.07.2021 alleging offence punishable under Sections

341, 323, 324 and 308 read with Section 34 of the IPC. The alleged incident had happened on 20.07.2021 at 18:15 hours. The crime is still under

investigation. The petitioners contend that the case is settled with the 2nd respondent/injured and therefore further proceedings are sought to be

quashed invoking jurisdiction under Section 482 of the Crl.P.C.

2.

I heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

3.

Learned Senior Public Prosecutor has taken me through the First Information Statement and the wound certificate. It is shown that the 2nd

respondent had suffered a stab injury near to the left ear and was treated after applying eight stitches on the wound. He was treated as out patient.

The learned Senior Public Prosecutor has also confirmed the settlement reached between the parties.

4.

Annexure A2 affidavit also indicates that the case is settled amicably and the 2nd respondent does not want to prosecute the petitioners. In the

circumstances, since the 2nd respondent has reiterated the settlement reached between the parties and since he does not want to pursue the

proceedings, there is no meaning in continuing the investigation. The injuries sustained are also not that serious.

In the circumstances, entire proceedings in Crime No.430/2021 of Anthikkad police station are quashed.

Crl.M.C is allowed as above.