Kerala High Court
Vignesh vs State Of Kerala on 3 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 2ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944
CRL.MC NO. 2486 OF 2022
CRIME NO.1373/2021 OF Town North Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT IN FIR 1373/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,PALAKKAD
PETITIONER/S:
1 VIGNESH
AGED 20 YEARS
SRIVIHAR, ARMIT NAGAR COLONY, VADAKKANTHARA P O,
PALAKKAD, PIN - 678001
2 SREEJITH
AGED 25 YEARS
S/O SREENIVASAN, THACHAMCODE, PUTHUR, PALAKKAD, PIN -
678005
3 DRISHYAK
AGED 24 YEARS
S/O HARIHARAN, CHEERAMTHODI HOUSE, CHETTUKULAM,
TATHAENGALAM, THEGHARA, MANNARKAD, PALAKKAD, PIN -
678582
4 KARTHIK
AGED 26 YEARS
S/O SREEKUMAR, KUZHIKALATHARA HOUSE, MANAPPALLY P O,
THAZHAVA, KARUNAGAPPALLY, KOLLAM, PIN - 690518
5 DILEEP KUMAR
AGED 21 YEARS
S/O PAZHANIKUMAR, KRISHNAKRIPA HOUSE, SOUPARNIKA NAGAR,
THAZHEMURALI, INDUSTRIAL ESTATE PO, PUTHUPARIYARAM,
PALAKKAD, PIN - 678002
6 SUBINRAJ
AGED 20 YEARS
S/O BABURAJAN, PARAKKOTTIL HOUSE, ARAKKAPARAMBU,
PERINTHALMANNA, MALAPPURAM, PIN - 679321
7 PRANAV
AGED 19 YEARS
S/O KRISHANKUTTY, CHAMMALAKKAUNNU HOUSE, MLA ROAD,
EZHAKKAD PO, KONGAD, PALAKKAD, PIN - 678631
8 VARUN V
AGED 20 YEARS
S/O ASHOKAN, VALIYAVEETTIL HOUSE, VIVEKANANDA ROAD,
MUTHANTHARA, VADAKKANTHARA P O, PALAKKAD, PIN - 678012
9 VISHNU
AGED 21 YEARS
CRL.MC NO. 2486 OF 2022
2
S/O PONNAPPAN, VISHNU NIVAS, VANIYAMKULAM THERUVU,
VANIYAMKULAM, OTTAPPALAM, PALALKKAD, PIN - 679101
10 SWAROOP
AGED 20 YEARS
S/O BALRAJ, SWATHY NIVAS, PATTIKARA, PALAKKAD, PIN -
678014
11 SUDHEESH
AGED 21 YEARS
S/O SURESH, VENTHAKADAVUR, CHITTUR P O, ATTAPPADI,
PALAKKAD, PIN - 678582
12 ARUN N V
AGED 25 YEARS
S/O BABURAJ, NAMBIVALAPPIL HOUSE, CHAZHIYATHIRI P O,
MADUPPALLY, THRITHALA, KOOTTTANAD, PALAKKAD, PIN -
679533
BY ADVS.
KRISHNADAS P. NAIR
K.L.SREEKALA
HARIDAS P.NAIR
SHINTO THOMAS
RESPONDENT/S:
1 STATE OF KERALA
HIGH COURT OF KERALA, PIN - 682031
2 SUB INSPECTOR OF POLICE
PALAKKAD TOWN NORTH POLICE STATION, PALAKKAD, PIN -
678001
3 CIBIN B GEORGE
AGED 20 YEARS
S/O BENNY MICHAEL, PULLICKEL HOUSE, ANGADIPPURAM POST,
MALAPPURAM, PIN - 679321
4 SHIHASSHAIK
AGED 20 YEARS
S/ON SHAIK MUSTAFA, CHULLIYADRAM, MUTHALAMADA,
PALAKKAD, PIN - 678507
5 VIBEESH K B
AGED 17 YEARS
S/O BALAKRISHAN C, BINESH BAVAN, KATHIRAMPATHIKARARA
POST, ATTAPPADI, PIN - 678582
6 AFTHAB ROSHAN V
AGED 19 YEARS
S/O ASHRAF VILLAN, VILLAN HOUSE, VADEKKEMANA, KODUR
POST, MALAPPURAM, PIN - 676504
7 ABHIMANYU A S
CRL.MC NO. 2486 OF 2022
3
AGED 20 YEARS
S/O AJIKUMAR B, KAITHAKUZHYTHADATHARIKATH VEEDU,
CHAYAMVITHURA POST, THOLICODE, THIRUVANANTHAPURAM, PIN
- 695547
8 NITHIN K
AGED 19 YEARS
S/O SIVADASAN K, KAVANCHERI HOUSE, PARAKKAAPPADAM,
POOKKAOTTUMPADA POST, AMARAMBALAM, MALAPPURAM, PIN -
676525
BY ADV
M.P PRASANTH SENIOR G.P
M.A. VINOD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2486 OF 2022
4
O R D E R
The petitioners are the accused in Crime No. 1373/2021 of Palakkad
police station which was registered for the offenses punishable under
section 143, 147, 148, 451, 324, 308, r/w 149 IPC.
2. The prosecution case is that on 13.12.2021 at 3.am, the
petitioners are formed themselves into an unlawful assembly and
assaulted the respondents 3 to 8 in front of Victoria College gate at
Palakkad. Annexure A1 is the FIR. This Crl.M.C is filed for quashing all
further proceedings pursuant there of .
3. Heard Sri. Krishnadas. P Nair, Learned Counsel appearing for
the petitioners, Sri. Prasanth, Learned Public Prosecutor, Sri. M.A.Vinod
Learned Counsel appearing for the respondents 3 to 8.
4. Prayer for quashing the proceedings is sought mainly on the
ground that the dispute between the parties has been settled. Annexure-2
affidavits sworn by the respondents 3 to 8 are filed along with this
Crl.M.C. to substantiate the settlement. In the said affidavits, the
respondents 3-8 had specifically acknowledged the aforesaid settlement
and also conveyed the no-objection to quash the proceedings against the
CRL.MC NO. 2486 OF 2022
petitioners herein. The learned counsel appearing for the respondents 3
to 8 also confirms the same. The learned Public Prosecutor, upon
instructions, submitted that the Station House Officer concerned has
verified the veracity of the same and found it to be genuine.
5. The allegations would reveal that the dispute is purely private
in nature. In such circumstances, by applying the principles laid down by
the Honorable Supreme Court in Gian Singh v. State of Punjab and
Another [(2012) 10 SCC 303], proceedings can be quashed by invoking
the powers of this Court under Section 482 Cr.P.C. This is particularly
because, on account of the settlement, no fruitful purpose would be served
by allowing the prosecution to continue.
6. It is true that the one of the offenses is under section 308 of
IPC. However, it is seen from the records of, the petitioners as well as
the injured persons are students and the incident occured in connection
with a celebration in the college. On going through the records, it is seen
that no serious injuries were sustained to the party respondents, and no
criminal antecedents were also reported in respect of the petitioners. In
such circumstances, I am inclined to invoke the jurisdiction from this
court under section 482 Cr.P.C particularly because, the matter is settled
CRL.MC NO. 2486 OF 2022
between the parties who are students in the same college.
In the result, this Crl.M.C. is allowed, and Annexure-A2
submitted in crime No.1373 of 2021 of Palakkad North Town Police
Station and all further proceedings pursuant there to.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
KVT
CRL.MC NO. 2486 OF 2022
APPENDIX OF CRL.MC 2486/2022
PETITIONERS' ANNEXURES:
Annexure1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.1373 OF 2021 OF PALAKKAD TOWN NORTH POLICE
STATION
Annexure2 THE COPY OF THE AFFIDAVIT DATED 20.2.2022
