Kerala High Court
Aromal vs Anandu T.Vijayan on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
CRL.MC NO. 1557 OF 2021
CRIME NO.2748/2017 OF ATTINGAL POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 630/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,ATTINGAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 AROMAL
AGED 23 YEARS
S/O.DILEEP, DILEEP BHAVAN, ATTUPURAM, KADAKKAL,
KOLLAM - 691 536.
2 VAISHAKH
AGED 23 YEARS,
S/O.MADHUKUMAR, THEKKUVILA VEEDU, AVANAVANCHERY,
THIRUVANANTHAPURAM - 695 101.
3 NIDHIL
AGED 23 YEARS
S/O.SOMAN, AMBALATHUMVILA VEEDU, MUDAKKAL,
THIRUVANANTHAPURAM - 695 101.
4 AKHIL M. NAIR
AGED 25 YEARS
CHITHRA BHAVAN, KODUVAZHANNUR,
THIRUVANANTHAPURAM - 695 101.
5 INDRAJITH
AGED 22 YEARS
S/O.ANILKUMAR, CHARUVILA PUTHAN VEEDU, ITTIVA,
KADAKKAL, KOLLAM - 691 536.
BY ADV LIJU. M.P
Crl.M.C.No. 1557 of 2021
2
RESPONDENT/S:
1 ANANDU T.VIJAYAN
AGED 24 YEARS
S/O.G.P.VIJAYAN, ANU NIVAS, POIKAMUKKU, MUDAKKAL,
THIRUVANANTHAPURAM - 695 612.
2 AMAL A.N
S/O.ANILKUMAR, AGED 24, SOPANAM, KAVARA, VENJARAMOODU,
THIRUVANANTHAPURAM - 695 607.
3 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
R1-R2 BY ADV VINOD KUMAR.C
R3 BY SRI.C.S.HRITHWIK, SR PP
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.No. 1557 of 2021
3
O R D E R
Dated this the 5th of August 2021
The petitioners are accused 1 to 5 in Crime
No.2748/2017 of Attingal Police Station for having
allegedly committed the offences punishable under Sections
143, 147, 294(b), 342, 323 and 324 read with Section 149 of
the I.P.C.
2. The de facto complainant/injured are respondents 1
and 2 herein. The petitioners as well as the de facto
complainant/injured were all students of I.T.I. Attingal
and as a result of some student unrest, a clash took place
resulting in the aforesaid crime. The petitioners have now
settled the matter with respondents 1 and 2, and therefore,
they seek quashing of the proceedings against them.
Respondents 1 and 2 have appeared through a Counsel and
filed Annexures B and C affidavits to the effect that they
have no grievance against the petitioners and that there is
no objection in quashing the proceedings as against them.
Crl.M.C.No. 1557 of 2021
3. The learned Public Prosecutor has also received
instructions regarding the genuineness of the settlement.
The petitioners do not have any other criminal antecedents.
The main offences are compoundable and hence, no public
interest is involved.
Resultantly, the Crl.M.C. is allowed and the entire
proceedings as against the petitioners in Crime
No.2748/2017 of Attingal Police Station, presently pending
as C.C.No.630/2018 on the files of the Judicial First Class
Magistrate Court-I, Attingal, shall stand quashed under
Section 482 of Cr.P.C. and the petitioners are discharged
and set at liberty.
Sd/-
ASHOK MENON
JUDGE
dkr
Crl.M.C.No. 1557 of 2021
APPENDIX OF CRL.MC 1557/2021
PETITIONER ANNEXURE
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.2748/2017 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM RURAL.
ANNEXURE B ORIGINAL OF THE AFFIDAVIT DATED 3.2.2021
EXECUTED BY THE 1ST RESPONDENT/DEFACTO
COMPLAINANT
ANNEXURE C ORIGINAL OF THE AFFIDAVIT DATED 1.3.2021
EXECUTED BY THE 2ND RESPONDENT/DEFACTO
COMPLAINANT.
