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Judgment
Mohammed Nias.C.P., J
The petitioners are the accused in Crime No.891/2018 of Hosdurg Police Station, Kasaragod District and accused in C.C.No.1756/2018 on the files of Judicial First Class Magistrate – I, Hosdurg. The offences alleged against the petitioners are under Sections 341, 323, 324, 448, 506(ii) r/w 34 of the Indian Penal Code.
The allegation is that on 29.09.2018, at 21.20 hours, at Kuliyangal in Hosdurg Village, the accused trespassed into the courtyard of the house of the defacto complainant and wrongfully restrained the defacto complainant and his daughter who went to block the accused, attacked with hands and wooden stick and thereby committed the offences as alleged by the prosecution.
Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel for respondentss 2 and 3.
It is submitted by respective counsel that the petitioners and respondents 2 and 3 have arrived at an amicable settlement and Annexures AIII and AIV 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 respondent filing the affidavits. No purpose will be served by continuing the proceedings in the above circumstances. It is submitted by the learned Public Prosecutor that the statement of the defacto complainant has also be taken to verify the genuineness of the settlement.
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.891/2018 of Hosdurg Police Station, Kasaragod District against petitioners 1 and 2.
The Crl.MC is allowed as above.