Vinayak K.C vs State Of Kerala
2022 Latest Caselaw 801 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE K.HARIPAL
     MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                     CRL.MC NO. 6073 OF 2021
  IN CC 23/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,THALASSERY
    IN CRIME NO.321/2019 OF PERINGOM POLICE STATION IN KANNUR
                            DISTRICT.
PETITIONERS/ACCUSED 2,3,5 & 7:

    1     VINAYAK K.C
          AGED 19 YEARS
          S/O. HAREESH V.C.,
          CHAITHRAM, NAREEKKAM VALLI,
          CHERUTHAZHAM AMSOM,
          KANNUR DISTRICT.
    2     MUNAVIR M.P.
          AGED 19 YEARS
          S/O. MUJEEB P.K.,
          MEPPATT PUTHIYAPURAYIL HOUSE,
          KOYIPPRA, VELLORA AMSOM,
          KANNUR DISTRICT.
    3     MUMTHAZEER T.
          AGED 19 YEARS
          S/O. ABDUL MUNEER V.V.,
          THARAMMAL HOUSE, PEDENA,
          NJEKLI, PERINGOME AMSOM,
          KANNUR DISTRICT.
    4     SANJEER S.
          AGED 19 YEARS
          S/O. ALI P.,
          SAIDARAKATH HOUSE,
          KOYIPPRA, VELLORA AMSOM,
          KANNUR DISTRICT.
          BY ADV M.ANUROOP


RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM-682 031.
 Crl.M.C.No.6073 of 2021
                                    2

                (IN CRIME NO.321/2019 OF PERINGOME POLICE STATION IN
                KANNUR DISTRICT).
       2        EBIN K.V
                AGED 21 YEARS
                S/O. LAKSHMANAN, KUNDAYAMKODAN HOUSE,
                VELLORA P.O., 670 306, PERINGOME,
                KANNUR DISTRICT.
                BY ADV SHYAM NAIR



                SR.PP - SRI. HRITHWIK C.S.


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.6073 of 2021
                                      3



                                      ORDER

Petitioners are suspects in C.C.No.23/2020 on the file of the

Judicial First Class Magistrate's Court, Thalassery which

functions as the Juvenile Justice Board where petitioners who

were juveniles in conflict with law at the time of the occurrence,

face allegations under Sections 143, 147, 341, 323 and 324 read

with Section 149 of the IPC. The alleged incident had happened

on 19.09.2019 at 13:15 hours, in the premises of the Tagore

Memorial Higher Secondary School, Vellora where the petitioners

and the 2nd respondent were students. It is alleged that the

petitioners along with accused Nos.1, 4 and 6 had formed an

unlawful assembly and in prosecution of their common object, out

of political rivalry, wrongfully restrained the second respondent,

manhandled him and hit his head on the wall and thus committed

the above stated offences. On conclusion of investigation, charge

sheet against the petitioners was filed before the Juvenile Justice

Board whereas the case against the other accused was filed as

C.C.No.264/2020 before the Judicial First Class Magistrate Court, Crl.M.C.No.6073 of 2021

Payyannur. The petitioners submit that the matter is settled with

the 2nd respondent and therefore, entire proceedings are sought to

be quashed.

2. I heard the learned counsel for the petitioners, the

learned counsel for the 2nd respondent and also the learned Senior

Public Prosecutor.

3. The Annexure A4 affidavit of the 2nd respondent

clearly indicates that the matter is settled. The 2nd respondent has

no objection in quashing the proceedings. I have also gone

through the Annexure A3 order of this Court in Crl.M.C

No.1802/2021 where under the accused persons in

C.C.No.264/2020 were exonerated by quashing the proceedings.

Similarly, Annexure A2 wound certificate shows that the 2nd

respondent had suffered only minor injuries in the nature of

contusion over the right frontal, lower back and abdomen. He

was treated as out patient only.

4. The incident had happened while the petitioners were

in school and now the entire dispute has been settled with the 2 nd Crl.M.C.No.6073 of 2021

respondent; no public interest is involved in the case and

therefore, entire proceedings in C.C.No.23/2020 on the file of the

Judicial First Class Magistrate's Court, Thalassery are quashed

and the petitioners shall stand exonerated.

Crl.M.C is allowed as above.

Sd/-

K.HARIPAL JUDGE

Jms/17.01

//True Copy// P.A to Judge Crl.M.C.No.6073 of 2021

APPENDIX OF CRL.MC 6073/2021

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.321/2019 OF THE PERINGOME POLICE STATION. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.321/2019 OF THE PERINGOME POLICE STATION. Annexure A3 TRUE COPY OF THE JUDGMENT BY THE HON'BLE HIGH COURT OF KERALA IN CRL.M.C.NO.1802/2021 ON 17.5.2021.

Annexure A4 THE ORIGINAL OF THE AFFIDAVIT DATED 30.11.2021 SWORN IN BY THE 2ND RESPONDENT.