Rameees vs State Of Kerala
2021 Latest Caselaw 23130 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                        THE HONOURABLE MR. JUSTICE K.HARIPAL

          WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

                                CRL.MC NO. 3035 OF 2021

            (CRIME NO. 491/2019 OF PAZHAYANGADI POLICE STATION, KANNUR)

 AGAINST THE ORDER/JUDGMENT IN CC 248/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,

                                 PAYYANNUR, KANNUR

PETITIONERS/ACCUSED 1 TO 10:



      1      RAMEEES

             AGED 20 YEARS

             S/O. UMMER, POOKADAKATH HOUSE, CHERUTHAZHAM AMSOM, KODITHAYAL,

             KANNUR DISTRICT

      2      K.V ASWIN KUMAR,

             S/O. RAMACHANDRAN, KOTTILA HOUSE, CHERUVATHOOR AMSOM, NEAR

             CHERUVATHOOR RAILWAY STATION, KANNUR DISTRICT

      3      JISHNU K

             AGED 21 YEARS

             S/O. RAMACHANDRAN, THAVIDISSERY HOUSE, ERAMOM AMSOM, PULLUPARA,

             KANNUR DISTRICT

      4      NIVED T

             AGED 21 YEARS

             S/O. RAVEENDRAN, NELCHCHALATH HOUSE, KOROM AMSOM, MUTHATHI,

             KANNUR DISTRICT

      5      AKSHAY KUMAR P.V

             AGED 26 YEARS

             S/O. BHARATHAN C.K, K.V HOUSE, MATTOOL AMSOM, MATTOOL CENTRAL,

             KANNUR DISTRICT

      6      ANUVIND G.K
 Crl.M.C.No. 3035 OF 2021
                                       2

            AGED 21 YEARS

            S/O. GOPALAKRISHNAN K, PALANGOTT HOUSE, EZHOME 670 334, KANNUR

            DISTRICT

     7      SANTHOSH K.V

            AGED 37 YEARS

            S/O. K.V KUNHIKANNAN, KADAVATH VALAPPIL HOUSE, EZHOME, KANNUR

            DISTRICT

     8      ADARSH K

            AGED 19 YEARS

            S/O. PADMANABHAN, KULANGARETH HOUSE, PANAPPUZHA AMSOM, KANNUR

            DISTRICT

     9      AKSHAY K.P

            AGED 21 YEARS

            S/O. PRADEEP KUMAR K.P, KADAYAPARAMBIL HOUSE, CHERUKUNNU AMSOM,

            THAVAM, PALLIKKARA, KANNUR DISTRICT.

     10     AMAL M

            AGED 20 YEARS

            S/O. KRISHNAN, MADAYAMBATH HOUSE, ALAPADAMBU, KARAKKADU,

            ARAVANCHAL, KANNUR DISTRICT.

            BY ADV SAIRA SOURAJ P.




RESPONDENTS/STATE/DE FACTO COMPLAINANT:



     1      STATE OF KERALA

            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

            COCHIN 682 031

     2      ANSIL THOMAS

            AGED 21 YEARS

            S/O. VAZHAPLLIYIL HOUSE, PAYYAVOOR, KANNUR DISTRICT 670 307
 Crl.M.C.No. 3035 OF 2021
                                          3

     3       SOORAJ K.V

             AGED 21 YEARS

             S/O. NANDAN, VENGARA, KOLLIYAN VALAPPIL HOUSE, MADAYI, KANNUR

             DISTRICT 670 304

             BY ADV K.V.SASIDHARAN




OTHER PRESENT:



             SR.PP - SRI. HRITHWIK C.S.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.11.2021, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No. 3035 OF 2021
                                    4

                                 ORDER

Petitioners are the accused in C.C. No. 248 of 2020 pending

before the Judicial First Class Magistrate's Court, Payyannur

which arose from Crime No. 491 of 2019 of Payangadi police

station where the petitioners face allegations under Sections 143,

147, 148 341, 323, 324 read with Section 149 of the IPC.

2. The alleged incident had happened within the premises of

Madayi Co-operative Arts and Science College and the

petitioners as well as the injured, respondents 2 and 3, were

students of the college. It is alleged that on 05.09.2019 at 4 p.m.

in connection with the college union election, the accused

persons formed an unlawful assembly and in prosecution of their

object, assaulted and injured CWs 1 and 2 who are respondents 2

and 3 respectively; they were assaulted with a wooden reaper,

bangle and also brick piece covered in clothes and caused

injuries. Now contending that the matter is settled with

respondents 2 and 3, petitioners have moved this Court under

Section 482 of the Cr.P.C. seeking to quash the proceedings.

3. I heard the learned counsel for the petitioners, the learned Crl.M.C.No. 3035 OF 2021

Senior Public Prosecutor, and also the learned counsel for the

party respondents.

4. The learned Senior Public Prosecutor and counsel for the

party respondents have confirmed the settlement reached among

the parties. Moreover Annexure-A2 and A3 affidavits of

respondents 2 and 3 respectively also indicate that the matter

stands settled and they have no further grievance against the

petitioners.

5. It does not seem that respondents 2 and 3 had suffered

serious injuries in the occurrence. It was a clash between two

groups of students in the college premises in connection with the

union election. Now the matter is eminently settled and in the

circumstances entire proceedings in C.C. No. 248 of 2020

pending before the Judicial First Class Magistrate's Court,

Payyannur are quashed and the petitioners shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/23/11/2021 Crl.M.C.No. 3035 OF 2021

APPENDIX OF CRL.MC 3035/2021

PETITIONER ANNEXURE

Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C NO. 248/2020 OF

JFCM, PAYYANNUR INC RIME NO. 491/2019 OF PAZHAYANGADI

POLICE STATION, KANNUR DISTRICT

Annexure A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 21-04-

Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 21-04-