Kerala High Court
Vishnu Vijay vs State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
CRL.MC NO. 1441 OF 2021
CRIME NO.75/2014 OF THRISSUR WEST POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 3455/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,THRISSUR
PETITIONER/S:
1 VISHNU VIJAY
AGED 27 YEARS
S/O. VIJAYAKUMAR, PALAKKUZHI HOUSE, KALOOR P.O.,
VADAKEKKAD, THRISSUR DISTRICT.
2 PRAVEEN,
AGED 28 YEARS
S/O. KARTHIKEYAN, PAATAANI HOUSE, MEDICAL COLLEGE P.O.,
MULAKUNNATHUKAVU, THRISSUR DISTRICT.
3 VYSAKH,
AGED 28 YEARS
S/O.KRISHNAN, MONGADI HOUSE, THRINALOOR P.O.,
VADANAPPILLY, THRISSUR DISTRICT.
4 ANOOP,
AGED 26 YEARS
S/O.RAJU, MANGALAPPILLIYIL HOUSE, KATTILAPOOVU P.O.,
PULLAMKANDAM, THRISSUR DISTRICT.
5 ATHUL,
AGED 26 YEARS
S/O. DEVADAS, THEKAANATH HOUSE, PURANATTUKARA VILLAGE,
PAAREEKADU COLONY, THRISSUR DISTRICT.
BY ADV C.DHEERAJ RAJAN
CRL.MC NO. 1441 OF 2021
2
RESPONDENT/S:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2 JOY M.O.
MANJALY HOUSE, PALISERRY P.O., PALAKKAL, THRISSUR
DISTRICT-680027.
R2 BY SRI.MAJO C.J.
OTHER PRESENT:
SRI.C.S.HRITHWIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 1441 OF 2021
3
O R D E R
Dated this the 6th day of July 2021
The petitioners are accused 1 to 5 in Crime No.75/2014
of Thrissur West Police Station for having allegedly
committed the offences punishable under Sections 143, 147
and 506(i) read with Section 149 of the I.P.C. and also
under Section 2 of the Prevention of Disturbances of Public
Meeting Act.
2. The final report has already been filed and the case
has been taken on the files of the Judicial First Class
Magistrate Court-II, Thrissur as C.C.No.606/2014 and
thereafter the case was transferred to Judicial First Class
Magistrate Court-I, Thrissur and refiled as C.C.
No.3455/2016 and presently pending trial.
3. PW1, the Principal of Sree Kerala Varma College
turned hostile. The petitioners state that the matter has
CRL.MC NO. 1441 OF 2021
been settled amicably with the de facto complainant, who is
impleaded herein as 2nd respondent. He has appeared
through Counsel and filed an affidavit stating that the
matter has been settled and that he has no objection in
quashing the proceedings against the petitioners. The
petitioners as also the 2nd respondent were all students of
Sree Kerala Varma College and the incident occurred when
they were students. In view of the fact that the matter
has been settled and that there is no public interest
involved and also in view of the submission made by the
learned Public Prosecutor that the matter has been settled
with the 2nd respondent and that the petitioners were all
students at that time, I find that proceeding further with
the prosecution against the petitioners is not necessary.
4. Resultantly, the Crl.M.C. is allowed and the entire
proceedings as against the petitioners in Crime No.75/2014
of Thrissur West Police Station, presently pending as
C.C.No.3455/2016 on the files of the Judicial First Class
CRL.MC NO. 1441 OF 2021
Magistrate Court-I, Thrissur, stands quashed under Section
482 of Cr.P.C. and the petitioners are discharged and set
at liberty.
Sd/-
ASHOK MENON
JUDGE
dkr
CRL.MC NO. 1441 OF 2021
APPENDIX OF CRL.MC 1441/2021
PETITIONER ANNEXURE
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME 75/2014 SUBMITTED BY THRISSUR WEST
POLICE.
ANNEXURE A2 THE CERTIFIED COPY OF THE DEPOSITION OF CW1.
ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE
2ND RESPONDENT EVIDENCING THE FACTUM OF
SETTLEMENT.
