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2025 DIGILAW 1177 (KER)

Nandhu S/o. Krishnan v. State of Kerala

2025-05-13

MOHAMMED NIAS C.P.

body2025
ORDER : MOHAMMED NIAS C.P., J. The petitioners are accused in Crime No.1/2020 of Erumapetty Police Station, Thrissur District, and the offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 308 and 149 of the Indian Penal Code. 2. The allegation against the petitioners is that in the early morning of 01.01.2020 i.e. at 03.00.a.m the petitioners along with the other accused have formed themselves into an unlawful assembly armed with deadly weapons, with the common object to attack the defacto complainant because of their enmity towards him, had beaten him with an iron rod on his head and thus caused fatal injury on his head and when other respondents intervened, petitioners also attacked the respondents No. 4 to 6 with 'konna Stick' and thereby committed the aforesaid offences. 3. Heard the learned counsel for the petitioners, the learned Public Prosecutor, as well as the learned counsel for respondents 3 to 6. 4. It is submitted by respective counsel that the petitioners and respondents 3 to 6 have arrived at an amicable settlement, and Annexures A2 to A5 are the affidavits filed. The affidavits, inter alia, state that all the disputes are settled and that the pendency of criminal proceedings would cause hardship to all the parties. 5. 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 are no vitiating circumstances in the respondent's filing the affidavits. No purpose will be served by continuing the proceedings in the above circumstances. 6. In view of the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [ 2012 (10) SCC 303 ], Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [ (2014) 9 SCC 653 ] 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 Final Report and all further proceedings in S.C No.601 of 2021 of Assistant Sessions Court/II Additional Sub Court, Thrissur and in Crime No.1 of 2020 of Erumapetty Police Station, Thrissur District against these petitioners. The Crl.MC is allowed as above.