IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
CRL.MC NO. 2248 OF 2022
PETITIONER/S:
1 ABHINAND V, AGED 16 YEARS, VAZHAYYIL HOUSE,
MANATHERI THALASSERY, KANNUR
PIN - 670643.
(MINOR REPRESENTED BY HIS MOTHER
SAJINA,
W/O VINOD.N VAZHAYYIL HOUSE,
MANATHERI THALASSERY, KANNUR
PIN - 670643., PIN - 670643
2 SANJITH KRISHNA, AGED 17 YEARS
PATHAYAPURAYIL(H),
UMMEN CHIRRA, THALASSERY
PIN CODE - 670649
NOW RESIDING AT JYOTHI NIVAS, PALAPARAMBU ,
THOKKKILANGADDY.KOOTHUPARAMBU,
P.O.NIRMALAGIRI - 670701
(REPRESENTED BY HIS FATHER
SHAMEER.K
PTHAYAPURAYIL(H),
UMMEN CHIRRA, THALASSERY
PIN CODE - 670649
NOW RESIDING AT JYOTHI NIVAS, PALAPARAMBU ,
THOKKKILANGADDY.KOOTHUPARAMBU,
P.O.NIRMALAGIRI - 670701), PIN - 670701
BY ADVS.
D.ARUN BOSE
K.VISWAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA ERNAKULAM, PIN - 682032
2 MUHAMMED FAYIZ .M, AGED 16 YEARS, S/O RIYAS,AGED 16/22
BAITHUL HAMDI, MOONAMPEDIKA,
NIRMALAGIRI.P.O, KUTHUPARAMBA
PIN - 670701.
MINOR REPRESENTED BY HIS MOTHER
SAREENA.P.K. W/O RIYAS,
BAITHUL HAMDI, MOONAMPEDIKA,
NIRMALAGIRI.P.O, KUTHUPARAMBA, PIN - 670701
BY ADV PRASANTH K.T.
ADV VIPIN NARAYAN -SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No. 2248 of 2022 -2-
JUDGMENT
Dated this the 1st day of June, 2022 The petitioners are accused Nos. 1 and 2 who are juvenile in conflict with law. The offence alleged against the petitioners are under Sections 341, 323, 324, 326, 506 read with 34 of the Indian Penal Code. The case registered against them is Crime No. 87 of 2022 of Kuthuparamba Police Station.
2. The prosecution case is that on 01.02.2022, the accused persons wrongfully restrained the 2nd respondent, who is a minor, assaulted him with weapons and caused injuries below the eye, nose, both sides of the forehead and chest. Annexure 1 is the FIR.
3. During the course of investigation, the offences under Sections 324 and 326 were deleted and instead, offence under Section 325 of IPC was incorporated. This Crl. M. C. is filed for quashing all further proceedings pursuant to Annexure 1.
4. Heard Sri. Arun Bose. D., learned counsel appearing for the petitioners, Sri. Vipin Narayanan, learned Public Prosecutor for the Crl. M.C. No. 2248 of 2022 -3- State and Sri. Prasanth K. T. learned counsel appearing for the 2 nd respondent, who is represented by his mother.
5. The prayer for quashing the proceedings is sought mainly for the reason that the dispute between the parties has been settled and to substantiate the same, Annexures 3 and 4 affidavits sworn by mother of the respondent No. 2 who is a minor, is produced. The fact of settlement is acknowledged in the aforesaid affidavit and it is also specifically stated that the 2nd respondent has no subsisting grievances against the petitioners herein. The 2 nd respondent also clearly expressed her no objection in quashing the proceedings against the petitioners. The learned counsel appearing for the 2nd respondent also confirms the aforesaid settlement and supports the prayer sought for by the petitioners herein.
6. It is true that the de facto complainant is a minor. The learned Public Prosecutor upon instructions submitted that as a part of verification of the veracity of the settlement, the Station House Officer concerned has already recorded the statement of the victim as well as his mother.
7. Both of them have confirmed the fact of settlement and in Crl. M.C. No. 2248 of 2022 -4- such circumstances I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012 (4) KLT 108], this is a fit case in which the powers of this Court under Section 482 Cr.P.C. can be invoked.
Accordingly this Crl.M.C. is allowed. All further proceedings pursuant to Crime No. 87 of 2022 of Kuthuparamba Police Station are hereby quashed.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE Crl. M.C. No. 2248 of 2022 -5- APPENDIX OF CRL.MC 2248/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF F.I.R IN CRIME NO 87/2022 OF KUTHUPARAMBA POLICE STATION DATED 01.02.2022. Annexure2 CERTIFIED COPY OF SECTION ALTERING REPORT DATED 2.03.2022 Annexure3 NOTARY ATTESTED AFFIDAVIT EXECUTED BY THE MOTHER OF THE 2ND RESPONDENT STATING SHE HAS NO GRIEVANCE AGAINST THE 1ST ACCUSED Annexure4 NOTARY ATTESTED AFFIDAVIT EXECUTED BY THE MOTHER OF THE 2ND RESPONDENT STATING SHE HAS NO GRIEVANCE AGAINST THE 2ND ACCUSED