Sujith A vs State Of Kerala

Mohammed Nias C.P., J

The petitioners are the accused in Crime No.165/2019 of Hosdurg Police Station, which is now pending as C.C.No.484 of 2019 on the files of the

Judicial First Class Magistrate-I, Hosdurg and the offences alleged against the petitioners are under Sections 323 and 325 r/w Section 34 of the Indian

Penal Code.

The allegation is that on 23.02.2019 at 23.00 hours the accused wrongfully restrained the defacto complainant and his friends and abused them in

filthy language and attacked them with stick and hands and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for the respondents 2 to 4.

It is submitted by respective counsel that the petitioners and the respondents 2 to 4 have arrived at an amicable settlement and Annexures A-III to

V 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.

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 respondent filing the affidavits. 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] 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 A-II Final Report and all further proceedings in C.C.No.484 of 2019 on the files of the Judicial First Class Magistrate Court-I, Hosdurg in

Crime No.165 of 2019 of Hosdurg Police Station against these petitioners 1 and 2.

The Crl.MC is allowed as above.