Rishikesh Sapre vs State Of Kerala
2022 Latest Caselaw 11758 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
                            1944
                   CRL.MC NO. 8862 OF 2022
AGAINST THE ORDER/JUDGMENT SC 1011/2021 OF II ADDITIONAL SUB
                       COURT,THRISSUR
PETITIONER/ACCUSED NO 1 TO 24:

    1    RISHIKESH SAPRE
         AGED 19 YEARS
         S/O. BABU S PILLAI, PALLAVAM, PAZHAVEEDU,
         PALLAVAM P.O, ALAPPUZHA, PIN - 680009

    2    VISHNU VINOD K
         AGED 21 YEARS
         S/O. VINOD, KRISHNA KOZHIPPURAM,
         THIRUVANNUR P.O, KOZHIKODE, PIN - 673029

    3    YADHU KRISHNAN
         AGED 19 YEARS
         S/O. RADHAKRISHNAN, KIZHAKKEDATH PARAMBIL HOUSE,
         ANAPUZHA, KODUNGALLUR, THRISSUR, PIN - 680667

    4    SAJITH N S
         AGED 19 YEARS
         S/O. SANTHOSH P, NAMBITHANATH HOUSE,
         VAIKOM P.O, KOTTAYAM, PIN - 686141

    5    AKHIL B S
         AGED 20 YEARS
         S/O. BAIJU P,
         THUDUVILAKATHU HOUSE, VADAKKUMKARA,
         NEDUMMANGAD P.O, NEDUMANGAD,
         THIRUVANANTHAPURAM, PIN - 695541

    6    ARJUN
         AGED 20 YEARS
         S/O. VINOD KUMAR,
         PAPPINI HOUSE, MOKAVUR, ERANTHIKAL P.O,
                                  2

Crl.M.C No.8862 of 2022

             KOZHIKODE, PIN - 683303

     7       ASHIK ATHIYARATH
             AGED 21 YEARS
             S/O. UNNIKRISHNAN A C,
             ATHIYARATH HOUSE, KURUVILASSERY P.O,
             VALIYAPARAMBU,
             THRISSUR, PIN - 680732

     8       NEERAJ P S
             AGED 21 YEARS
             S/O. SHAJU PUNATHIL, PUNATHIL HOUSE,
             CHERUKULATHOOR P.O, KOZHIKODE, PIN - 673008

     9       ABHINAV S
             AGED 21 YEARS
             S/O. SANTOSH P,
             KRIPA HOUSE, KAKKODI P.O, KOZHIKODE, PIN - 673611

     10      ADHIL FALAH
             AGED 20 YEARS
             S/O. MUHAMMED NAJEEB, POOLAKUNNATH HOUSE,
             ANGADI P.O, PALAKKAD, PIN - 679552

     11      JUSTIN JOSEPH
             AGED 22 YEARS
             S/O JOSEPH,
             THELOOR MANNATHU MOOLA, VALLAMKULAM P.O,
             THIRUVALLA, PATHANAMTHITTA, PIN - 689541

     12      SOURAV MOOPIL
             AGED 22 YEARS
             S/O KRISHNAKUMAR,
             MOOPIL HOUSE, MANGATTIRII P.O, TIRUR,
             MALAPPURAM DISTRICT, PIN - 676105

     13      ATHUL.P
             AGED 22 YEARS
             S/O. GANESHAN.P., KOODATHINGAL (CHAITHRAM)
             KAKKODI.P.O., PADINHATTUMURI, KOZHIKODE, PIN -
             673611
                                  3

Crl.M.C No.8862 of 2022

     14      ASWIN.K.V
             AGED 22 YEARS
             S/O. NARAYANAN, KOYADAN VEEDU,
             KANHIRANGAD.P.O., KARIMBAM VIA, KANNUR, PIN -
             670142

     15      ALAN MICHAEL
             AGED 20 YEARS
             S/O. MICHAEL, PULIKUNNEL HOUSE, MAIN ROAD,
             ALATHUR, PALAKKAD, PIN - 678541

     16      JITHIN.P
             AGED 21 YEARS
             S/O. RAMESHAN.P., KRISHNA NILAYAM,
             TRICHAMBARAM, TALIPARAMBA.P.O., KANNUR, PIN -
             670141

     17      MISHAL.T.K
             AGED 22 YEARS
             S/O. HAMZA.T.K., THORAKDAN HOUSE,
             KALLAMOOLA, MAMPATTY MOOLA.P.O.,
             MALAPPURAM DISTRICT, PIN - 679332

     18      SARAN VIJAY
             AGED 21 YEARS
             S/O. VIJAYAKUMAR.K.K., SRAYILPALLI HOUSE,
             VAZHOOR EAST.P.O., KOTTAYAM, PIN - 686504

     19      SUNILKUMAR.K
             AGED 19 YEARS
             S/O. BALAKRISHNA NAIR, SARPANGALA,
             UKKINADKA.P.O., KASARGOD, PIN - 671552

     20      SOORAJ.N.R
             AGED 19 YEARS
             S/O. RAJAN.G., NEDUMPURAM HOUSE,
             VATTAKATUPADY, PERUMBAVOOR.P.O., ERNAKULAM, PIN -
             683542

     21      IJAZ ALI N
             AGED 20 YEARS
                                  4

Crl.M.C No.8862 of 2022

             S/O. MUSTHAFA.N., NALLAKANDI HOUSE,
             NAYARKULANGARA, MAYAND.P.O., KOZHIKODE, PIN -
             673008

     22      SACHIDANANDAN.M.S
             AGED 19 YEARS
             S/O. SATHIAN.M.K., MADATHIPARAMBIL HOUSE,
             ATTORE, KUTTOOR.P.O.,THRISSUR, PIN - 680013

     23      NIKHIL SAHEED.A
             AGED 21 YEARS
             S/O. K.S. ABDUL MANAF, HARSHAM,
             KALIMA NAGAR, OTHUNGODE, THIRUNELLAI.P.O.,
             PALAKKAD, PIN - 678020

     24      ARIF KHAN
             AGED 22 YEARS
             S/O. ALIKHAN.P., PUTHENPURACKAL HOUSE,
             ADIMALI.P.O., IDUKKI, PIN - 685561

             BY ADVS.
             ABRAHAM MATHAN
             K.M.SHYJU



RESPONDENT/STATE/DEFACTO COMPLAINANT/INJURED:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031

     2       AFEEF T.K
             AGED 23 YEARS
             S/O ABOOBACKAR,
             THECHIKKODAN HOUSE, KAPPU DESOM,
             THELAKKAD VILLAGE, MALAPPURAM DISTRICT, PIN -
             679325

     3       ASHIK USMAN P.K
             AGED 23 YEARS
             S/O MUHAMMED IQBAL P.K,
                                     5

Crl.M.C No.8862 of 2022

             PEEDIKAKANDY HOUSE, THONDAYAD, CHEVARAMBALAM
             DESOM,CALICUT DISTRICT, PIN - 673017

     4       MUHAMMED LABEEB AGED 22 YEARS
             S/O MUHAMMED ANWAR, AMBAYATHINGAL HOUSE,
             THAZHATHANGADI DESOM,
             AREEKODE P.O, MALAPPURAM DISTRICT, PIN - 673639

     5       JACOB THOMAS AGED 24 YEARS S/O THOMAS JACOB,
             THYKKAKATHU HOUSE, KATTODE MANJADI, THIRUVALLA,
             KOTTAYAM DISTRICT, PIN - 689105

     6       MUHAMMED FAYAS.M AGED 22 YEARS S/O MUHAMMADALI.M,
             MODAVANCHERI HOUSE, EDAVANNAPPARA DESOM, VAIKKAD,
             MALAPPURAM DISTRICT, PIN - 673645

     7       MUHAMMED FAVAS T.P AGED 24 YEARS S/O HAMSA,
             THANDUPARA HOUSE, THANNIKKADAVU DESOM,
             VAZHIKKADVU, MALAPPURAM DISTRICT, PIN - 679331

     8       MUHAMMED FAYIS
             AGED 25 YEARS
             S/O HUSSAIN,
             AKKARAPARAMBAN HOUSE, THANCHINGANADAM P.O,
             NALLUR, MALAPPURAM DISTRICT, PIN - 679325

     9       RIYAZ.P AGED 24 YEARS S/O SALIM, THEKKETHODIYIL
             HOUSE,VALANCHERY DESOM, MORAYUR P.O,
             MALAPPURAM DISTRICT, PIN - 673642

             BY ADVS.
             PUBLIC PROSECUTOR
             C.DHEERAJ RAJAN
             ANAND KALYANAKRISHNAN


             ADV. SREEJA. V - PP

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   21.12.2022,      THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                         6

Crl.M.C No.8862 of 2022

                                 ORDER

The petitioners are the accused Nos. 1 to 24 in Crime

No.780/2019 of Viyyur Police Station which is now pending as S.C

1011/2021 before the IInd Additional Assistant Sessions Court,

Thrissur. The offences alleged against the petitioners are

punishable under Sections 143, 147, 148, 323, 324, 308 and 506

read with Section 149 of Indian Penal Code. The respondent Nos.

2 to 9 are the victims of the crime. Annexure-1 is the Final Report

submitted by the Police. This Crl.MC is filed for quashing all

further proceedings pursuant thereto.

2. Heard Sri.Abraham Mathan, the learned counsel

appearing for the petitioners, Smt.Sreeja V, the learned Public

Prosecutor appearing for the State and Sri. C Dheeraj Rajan, the

learned counsel appearing for the respondents 2 to 9.

3. The prayer for quashing the above proceedings is

sought for by the petitioners on the ground that, the dispute

between the parties has been settled and to substantiate the

same, the injured persons have sworn Annexures-2 to 9 affidavits

respectively. The aforesaid affidavits indicate that, the matter has

Crl.M.C No.8862 of 2022

been settled and the injured persons have no subsisting grievance

against the petitioners herein. They also conveyed that they have

no objection in quashing the proceedings against the petitioners

herein. The learned counsel for the respondents Nos.2 to 9/injured

persons also confirmed the same. The learned Public Prosecutor

upon instructions submitted that the veracity of the settlement

was verified by the Station House officer concerned and before the

SHO also, the injured persons have reiterated that, they do not

have any objection in quashing the proceedings as they have no

subsisting grievance against the petitioners herein.

4. Going through the materials available on record, it is

discernible that, the dispute is basically private in nature and on

account of settlement arrived at between the parties, no purpose

would be served if the proceedings against the petitioners herein

were allowed to continue. In such circumstances, the chances of a

successful prosecution are very bleak. Therefore, 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 of the Code of Criminal

Procedure can be invoked.

Crl.M.C No.8862 of 2022

5. It is true that, one of the offences is under Section 308

of Indian Penal Code. However, it is discernible from the records

that, none of the victims have sustained any serious injuries.

Moreover, no criminal antecedents of any of the petitioners were

brought to my notice. At the time of occurrence of the incident

the petitioners as well as the victims were students of the college

and the incident occurred inside the campus. Now, all the

disputes between the parties have been settled. Therefore, I

deem it appropriate to quash the proceedings as against the

petitioners by invoking 482 of Cr.P.C.

Accordingly, this Crl.M.C. is allowed. Annexure-1 Final Report

in Crime No.780/2019 of Viyyur Police Station and all further

proceedings in S.C.1011/2021 pending before the IInd Additional

Assistant Sessions Court, Thrissur. as against the petitioners are

hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.8862 of 2022

APPENDIX OF CRL.MC 8862/2022

PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE FINAL REPORT IN S.C.NO.

1011 OF 2021 OF IIND ADDITIONAL ASSISTANT SESSIONS COURT, THRISSUR

Annexure 2 AFFIDAVIT SWORN IN BY THE SECOND RESPONDENT DATED 21.11.2022

Annexure 3 AFFIDAVIT SWORN IN BY THE THIRD RESPONDENT DATED 21.11.2022

Annexure 4 AFFIDAVIT SWORN IN BY THE FOURTH RESPONDENT DATED 21.11.2022

Annexure 5 AFFIDAVIT SWORN IN BY THE FIFTH RESPONDENT DATED 21.11.2022

Annexure 6 AFFIDAVIT SWORN IN BY THE SIXTH RESPONDENT DATED 21.11.2022

Annexure 7 AFFIDAVIT SWORN IN BY THE SEVENTH RESPONDENT DATED 21.11.2022

Annexure 8 AFFIDAVIT SWORN IN BY THE EIGHTH RESPONDENT DATED 21.11.2022

Annexure 9 AFFIDAVIT SWORN IN BY THE NINTH RESPONDENT DATED 21.11.2022