Namith vs State Of Kerala
2022 Latest Caselaw 414 Ker

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                             PRESENT

                            THE HONOURABLE MR. JUSTICE K.HARIPAL

                   THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943

                                      CRL.MC NO. 6205 OF 2021

  AGAINST THE ORDER/JUDGMENT IN CC 518/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR

PETITIONERS/ACCUSED NO. 1 TO 6:

       1       NAMITH
               AGED 21 YEARS
               S/O.SWAMINATHAN, KALATHIL HOUSE, PANNIYANKARA, ALATHUR, PALAKKAD DT-678 686
       2       SREEJITH
               AGED 21 YEARS
               S/O.R AJU, KUNNATH HOUSE, KIZHAKKETHARA, MUDAPPALLUR, PALAKKAD DT-678 705
       3       ANOOJ
               AGED 21 YEARS
               S/O. HARIDASAN, KALATHIL NAMBIATH HOUSE, PADINCHATHARA, SOUTH VANDAZHI,
               ALATHUR, PALAKKAD DT-678 706
       4       HIMESH
               AGED 21 YEARS
               S/O.GANGADHARAN, YAKKINGAL HOUSE, ILAVANPADAM, KIZHAKKANCHERY, ALATHUR,
               PALAKKAD DT-678 705
       5       SUDHEESH
               AGED 21 YEARS
               S/O. MANIKANDAN, POOKOD KALRIKKAL HOUSE, VADAKKETHARA, MELARKODE,
               ALATHUR, PALAKKAD DT-678 703
       6       AADITH
               AGED 21 YEARS
               S/O. VENUGOPAL, PERALI HOUSE, KIZHAKKANCHERY, ALATHUR, PALAKKAD DT-678 705
               BY ADV A.HAROON RASHEED

RESPONDENTS/COMPLAINANT:

       1       STATE OF KERALA
               REPRESENTED BY THE SUB INSPECTOR OF POLICE, NENMARA POLICE STATION,
               PALAKKAD DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM -31
       2       ANEESH N
               AGED 21 YEARS
               S/O. PAZHANI, RESIDING AT ARIYAKKODE HOUSE, NSS COLLEGE P.O., NENMARA,
               PALAKKAD DT -678 508
       3       ROHITH
               AGED 21 YEARS
               S/O. RAGHY, RESIDING AT THOTTATHIL HOUSE, NAVALAKULAM, VALLANGI, NEMMARA,
               PALAKKAD DT-678 508
               BY ADV C.R.REKHESH SHARMA

               SR.PP - SRI. HRITHWIK C.S.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.01.2022, THE COURT ON THE SAME

DAY PASSED THE FOLLOWING:
 Crl.M.C No. 6205 of 2021


                                    2




                                   ORDER

This application is filed under Section 482 of the

Cr.P.C. by the accused in C.C. No. 518 of 2019 pending

before the Judicial First Class Magistrate's Court, Alathur

seeking to quash the proceedings on the ground of

settlement reached with the injured in the crime. Crime

No. 274 of 2019 of Nenmara police station was registered

on 14.07.2019 on the strength of the First Information

Statement furnished by the 2nd respondent alleging offence

punishable under Sections 143, 147, 148, 341, 323, 324

read with Section 149 of the IPC.

2. The allegation is that accused persons, six in

number, had formed an unlawful assembly on 12.07.2019

at 11 AM near the volleyball court in the premises of the

NSS College Nenmara, wrongfully restrained CWs 1 and 2

in the final report and assaulted and injured them with an

iron stick and also manhandled them and caused them Crl.M.C No. 6205 of 2021

injuries. All the accused persons as well as party

respondents were college mates in the said college and the

incident had happened during the midst of some

celebrations conducted in the college. Now the petitioners

contend that the matter is settled and the injured have

agreed to quash the proceedings.

3. I heard the learned counsel for the petitioners and

also the learned Senior Public Prosecutor, who has

confirmed the settlement.

4. Moreover, Annexure-A4 and A5 affidavits sworn by

the party respondents 2 and 3 respectively indicate that the

disputes have been settled at the intervention of

well-wishers and friends and they have no subsisting

grievance against the petitioners. It does not seem that

respondents 2 and 3 had sustained serious injuries in the

occurrence

5. In the circumstances, entire proceedings in Crl.M.C No. 6205 of 2021

C.C. No. 518 of 2019 pending before the Judicial First

Class Magistrate's court, Alathur are quashed and the

petitioners shall stand exonerated.

The Criminal Miscellaneous Case is allowed as

above.

Sd/-

K. HARIPAL JUDGE RMV/13/01/2022

APPENDIX OF CRL.MC 6205/2021

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.274/2019 OF NENMARA POLICE STATION Annexure A2 THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.274/2019 OF NENMARA POLICE STATION Annexure A3 THE TRUE COPY OF THE MEMORANDUM OF EVIDENCE IN CRIME NO.274/2019 OF NENMARA POLICE STATION Annexure A4 THE TRUE COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 2ND RESPONDENT Annexure A5 THE TRUE COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 3RD RESPONDENT

TRUE COPY

P.A.TO JUDGE