Vishnu R vs State Of Kerala

Mohammed Nias C.P., J

The petitioners are first and second accused in Crime No.3147/2020 of Adoor Police Station, Pathanamthitta District and the offences alleged

against the petitioners are under Sections 143, 146, 148, 149, 452, 427, 324, 326 and 308 of the Indian Penal Code.

The allegation is that on 23.10.2020 at around 2.45 p.m. the petitioners along with their friends formed into an unlawful assembly and entered into

the house of respondents with deadly weapons and attacked 2nd, 3rd and 4th respondents and injured them and destroyed the house hold furniture and

appliances.

Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for respondents 2, 3 and 4.

It is submitted by respective counsel that the petitioners and respondents 2, 3 and 4 have arrived at an amicable settlement and Annexures A2, A3

and A4 are the affidavits filed. The affidavits, 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 affidavits referred above, I am satisfied that there has been an

amicable settlement and that there is no vitiating circumstances in the respondents 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

A1 FIR and all further proceedings in Crime No.3147/2020 of Adoor Police Station, Pathanamthitta District against petitioners 1 and 2.

The Crl.MC is allowed as above.