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2025 DIGILAW 1192 (KER)

Jishnu S/o. Mohanan v. State of Kerala

2025-05-16

MOHAMMED NIAS C.P.

body2025
ORDER : MOHAMMED NIAS C.P., J. The petitioners are accused Nos. 1 to 5 in Crime No.1273/2024 of Changaramkulam Police Station, Malappuram District. The offences alleged against the petitioners are under Sections 115(2), 126(2), 118(1), 190, 191, 191(2) and 189(2) of the Bharatiya Nyaya Sanhita. The case is now pending as C.C.No.817/2024 before the Judicial First Class Magistrate Court, Ponnani, Malappuram. 2. The allegation against the petitioners is that on 12.10.2024 at about 9.30 p.m., the petitioners wrongfully restrained the defacto complainant and his friend, owing to prior enmity and assaulted the defacto complainant by stabbing him in the face and shoulder with a bike key. The petitioners also assaulted the defacto complainant’s friend on the head and thereby committed the offences mentioned above. 3. Heard the learned counsel for the petitioners, the learned Public Prosecutor, as well as the learned counsel for respondents 3 and 4 and additional respondents 5 and 6. 4. It is submitted by respective counsel that the petitioners and respondents 3 and 4, and additional respondents 5 and 6 have arrived at an amicable settlement, and Annexure A3 to A6 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 respondents’ filing the affidavits. No purpose will be served by continuing the proceedings in the above circumstances. 6. Given 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I hereby quash Annexure.A2 Final Report and all further proceedings in C.C.No.817/2024 on the files of the Judicial First Class Magistrate Court, Ponnani, against these petitioners. The Crl.MC is allowed as above.