O R D E R
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure-A2 Final Report pending trial before the Judicial First Class Magistrate Court-I, Manjeri in C.C.No. 993 of 2018.
2. The petitioner is the accused in the said case. The case was one registered under Section 324 of the Indian Penal Code and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.
3. The accusation is that the accused who is the teacher of the victim boy has hit him using a stick when the victim boy failed to obey his direction to recite Quran.
4. It is seen that the parents of the victim boy have no grievance against the accused and the father of the victim boy has filed an affidavit to that effect in this proceedings.
5. Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for the father of the victim boy.
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6. Though the matter is settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decision of the Apex Court in Gian singh v. State of Punjab, [(2012) 10 SCC 303], invoking the jurisdiction under Section 482 of the Code of Criminal Procedure.
In the result, the Crl.M.C. is allowed and Annexure-A2 Final Report pending trial before the Judicial First Class Magistrate Court-I, Manjeri in C.C.No. 993 of 2018 and all further proceedings thereto are quashed.
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P.B.SURESH KUMAR
JUDGE
ds 28.01.2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIR CRIME NO.
177/2018 OF KARUVARAKUND POLICE STATION
ALONG WITH COMPLAINT
ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN
CC NO.993/2018 OF JFCM COURT-1, MANJERI
ANNEXURE A3 THE CERTIFIED COPY OF SCENE MAHSAR
FILED IN CC NO.993/2018 OF JFCM COURT-
1, MANJERI
ANNEXURE A4 THE CERTIFIED COPY OF WOUND CERTIFICATE
FILED IN CC NO.993/2018 OF JFCM COURT-
1, MANJERI
ANNEXURE A5 TRUE COPY OF CONSENT LETTER ATTESTED BY
GAZETTED OFFICER DATED 23.10.2019.
ANNEXURE A6 TRUE COPY OF CONSENT LETTER ATTESTED BY
GAZETTED OFFICER DATED 23.10.2019.
ANNEXURE A7 TRUE COPY OF ORIGINAL AFFIDAVIT DATED
25-10-2019.