High CourtsSingle Bench

Shihab.A.S. vs State Of Kerala

High Court Of Kerala · Decided on 3 September 2021 · Citation: (2021) 09 KL CK 0039

HON’BLE JUDGES
K.Haripal, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 323, 324, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 3368 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

4 paragraphs · 278 words

K.Haripal, J

1.

In this petition filed under Section 482 of the Cr.P.C, the accused in Crime No.2178/2011 of Ernakulam Town North Police Station have moved this Court for quashing the entire proceedings. The crime was registered on 07.11.2011, alleging offence punishable under Sections 341, 323 and 324 read with Section 34 of the IPC. The charge sheet has already been laid in 2011 itself. The crime was registered on the basis of the First Information Statement given by Ziad, S/o K.Ahamed, who has been arrayed as the second respondent. The petitioners have contended that the matter has been settled with the defacto complainant. The defacto complainant also have joined them in submitting that they do not want to pursue the proceedings. In support of the said contention Annexure A2 affidavit sworn by the said Ziad has also been appended. In the affidavit, the said Ziad has stated that the dispute has been amicably settled, he does not have subsisting grievance against the petitioners and that he is prepared to withdraw the case.

2.

The offence alleged are only under Sections 341, 323 and 324 read with Section 34 of the IPC. It does not seem that the defacto complainant had sustained any serious injuries. It is purely a personal dispute between the petitioners on the one hand and the second respondent on the other, which stands settled out of court. Such a settlement has been spoken to by the learned Senior Public Prosecutor also. In the circumstances, there is no meaning in continuing the proceedings and therefore, all proceedings pursuant to Crime No.2178/2011 of Ernakulam Town North Police Station are hereby quashed.

Crl.M.C. is allowed as above.