Abhinand V vs State Of Kerala
2022 Latest Caselaw 6071 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
         WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                          CRL.MC NO. 2248 OF 2022
PETITIONER/S:

     1       ABHINAND V, AGED 16 YEARS, VAZHAYYIL HOUSE,
             MANATHERI THALASSERY, KANNUR
             PIN - 670643.
             (MINOR REPRESENTED BY HIS MOTHER
             SAJINA,
             W/O VINOD.N VAZHAYYIL HOUSE,
             MANATHERI THALASSERY, KANNUR
             PIN - 670643., PIN - 670643
     2       SANJITH KRISHNA, AGED 17 YEARS
             PATHAYAPURAYIL(H),
             UMMEN CHIRRA, THALASSERY
             PIN CODE - 670649
             NOW RESIDING AT JYOTHI NIVAS, PALAPARAMBU ,
             THOKKKILANGADDY.KOOTHUPARAMBU,
             P.O.NIRMALAGIRI - 670701
             (REPRESENTED BY HIS FATHER
             SHAMEER.K
             PTHAYAPURAYIL(H),
             UMMEN CHIRRA, THALASSERY
             PIN CODE - 670649
             NOW RESIDING AT JYOTHI NIVAS, PALAPARAMBU ,
             THOKKKILANGADDY.KOOTHUPARAMBU,
             P.O.NIRMALAGIRI - 670701), PIN - 670701
             BY ADVS.
             D.ARUN BOSE
             K.VISWAN

RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR
             HIGH COURT OF KERALA ERNAKULAM, PIN - 682032
     2       MUHAMMED FAYIZ .M, AGED 16 YEARS, S/O RIYAS,AGED 16/22
             BAITHUL HAMDI, MOONAMPEDIKA,
             NIRMALAGIRI.P.O, KUTHUPARAMBA
             PIN - 670701.
             MINOR REPRESENTED BY HIS MOTHER
             SAREENA.P.K. W/O RIYAS,
             BAITHUL HAMDI, MOONAMPEDIKA,
             NIRMALAGIRI.P.O, KUTHUPARAMBA, PIN - 670701
             BY ADV PRASANTH K.T.
             ADV VIPIN NARAYAN -SR. PP

     THIS     CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
01.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No. 2248 of 2022        -2-




                          JUDGMENT

Dated this the 1st day of June, 2022

The petitioners are accused Nos. 1 and 2 who are juvenile in

conflict with law. The offence alleged against the petitioners are under

Sections 341, 323, 324, 326, 506 read with 34 of the Indian Penal

Code. The case registered against them is Crime No. 87 of 2022 of

Kuthuparamba Police Station.

2. The prosecution case is that on 01.02.2022, the accused

persons wrongfully restrained the 2nd respondent, who is a minor,

assaulted him with weapons and caused injuries below the eye, nose,

both sides of the forehead and chest. Annexure 1 is the FIR.

3. During the course of investigation, the offences under

Sections 324 and 326 were deleted and instead, offence under Section

325 of IPC was incorporated. This Crl. M. C. is filed for quashing all

further proceedings pursuant to Annexure 1.

4. Heard Sri. Arun Bose. D., learned counsel appearing for the

petitioners, Sri. Vipin Narayanan, learned Public Prosecutor for the

State and Sri. Prasanth K. T. learned counsel appearing for the 2 nd

respondent, who is represented by his mother.

5. The prayer for quashing the proceedings is sought mainly for

the reason that the dispute between the parties has been settled and to

substantiate the same, Annexures 3 and 4 affidavits sworn by mother

of the respondent No. 2 who is a minor, is produced. The fact of

settlement is acknowledged in the aforesaid affidavit and it is also

specifically stated that the 2nd respondent has no subsisting grievances

against the petitioners herein. The 2 nd respondent also clearly

expressed her no objection in quashing the proceedings against the

petitioners. The learned counsel appearing for the 2nd respondent also

confirms the aforesaid settlement and supports the prayer sought for

by the petitioners herein.

6. It is true that the de facto complainant is a minor. The learned

Public Prosecutor upon instructions submitted that as a part of

verification of the veracity of the settlement, the Station House Officer

concerned has already recorded the statement of the victim as well as

his mother.

7. Both of them have confirmed the fact of settlement and in

such circumstances 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

Cr.P.C. can be invoked.

Accordingly this Crl.M.C. is allowed. All further proceedings

pursuant to Crime No. 87 of 2022 of Kuthuparamba Police Station are

hereby quashed.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE

Eb ///TRUE COPY/// P. A. TO JUDGE

APPENDIX OF CRL.MC 2248/2022

PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF F.I.R IN CRIME NO 87/2022 OF KUTHUPARAMBA POLICE STATION DATED 01.02.2022. Annexure2 CERTIFIED COPY OF SECTION ALTERING REPORT DATED 2.03.2022 Annexure3 NOTARY ATTESTED AFFIDAVIT EXECUTED BY THE MOTHER OF THE 2ND RESPONDENT STATING SHE HAS NO GRIEVANCE AGAINST THE 1ST ACCUSED Annexure4 NOTARY ATTESTED AFFIDAVIT EXECUTED BY THE MOTHER OF THE 2ND RESPONDENT STATING SHE HAS NO GRIEVANCE AGAINST THE 2ND ACCUSED