High CourtsSingle Bench

Vishnu Bharath vs State Of Kerala

High Court Of Kerala · Decided on 15 February 2022 · Citation: (2022) 02 KL CK 0135

HON’BLE JUDGES
K.Haripal, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 294(b), 308, 323, 427
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 823 Of 2022
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Judgment

15 paragraphs · 283 words

K.Haripal, J

1.

Petitioner is the sole accused in Crime No.130/2022 of Anthikkad Police Station registered on 23.1.2022 alleging offences under Sections

323,294(b),427 and 308 IPC. The crime was registered on the basis of the first information furnished by the second respondent. It is alleged that on

23.01.2022 at 00.20 hours, while the de facto complainant was sitting on a scooter at Manaloor-Karshaka Road, the petitioner approached him and

kicked him on his chest and thus he fell down on the ground along with the scooter and sustained injuries. If his head had hit on the adjacent wall, he

would have sustained grievous injuries and it would have turned fatal to his life. Now, the petitioner states that the case is settled with the second

respondent and therefore, entire proceedings are sought to be quashed under Section 482 of the Cr.P.C..

2.

I heard the learned counsel for the petitioner and the learned Senior Public Prosecutor as well as the learned counsel for the second respondent,

who have confirmed the settlement.

3.

Annexures 2 and 3 affidavits of the second respondent also indicate that the matter is settled. Even though the petitioner is a history sheeter, the

second respondent has clearly conveyed that the matter is settled and he does not want to pursue the case. More over, it is submitted that from

24.01.2022 onwards, the petitioner is in judicial custody. In the light of the settlement reached between the parties, entire proceedings in Crime

No.130/2022 of Anthikkad Police Station, pending on the file of Judicial First Class Magistrate Court-II, Thrissur are quashed. He shall be released

forthwith, if his presence is not necessary in connection with any other case.

Crl.M.C. is allowed.