CRL.MC NO. 5507 OF 2021

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. ``` ``` MONDAY, THE 24[TH] DAY OF JANUARY 2022 / 4TH MAGHA, 1943 ``` ``` CRL.MC NO. 5507 OF 2021 ``` ``` IN CC 295/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - ``` ## **`I ,TIRUR`** ``` CRIME NO.824/2016 OF TIRUR POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED NO.1 TO 7: ``` ## **`1 JISHNU`** ``` AGED 24 YEARS S/O.VIJAYAKUMAR, RESIDING AT MELEPATT HOUSE, POILISSERY POST, TIRUR TALUK, MALAPPURAM DISTRICT - 676 102. ``` - **`2 ARJUN`** ``` AGED 25 YEARS ``` ``` S/O.SURESHKUMAR, RESIDING AT CHALAPPURATH HOUSE, NILAMBUR POST, KALLEMPADAM, MALAPPURAM DISTRICT - 679 329. ``` - **`3 VISHAK AGED 25 YEARS`** ``` S/O.VISHWANATHAN, RESIDING AT VALLATH HOUSE, AYYAYA, OZHUR, TIRUR TALUK, MALAPPURAM DISTRICT - 676 313. ``` - **`4 SUHAIL`** ``` AGED 26 YEARS S/O.SIDIQUE, RESIDING AT PUTHIYAVEETTIL HOUSE, PATHAZHAKKAD POST, KODUNGALLUR, THRISSUR DISTRICT - 680 668. ``` - **`5 ASHIQUE`** ``` AGED 26 YEARS S/O.ANTHRU, RESIDING AT THENALLIL HOUSE, PEZHAKKAPPILLY POST, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 673. ``` ``` 6AKSHAY AGED 26 YEARS S/O.BALAGOPAL, RESIDING AT THANIPPARA HOUSE, MANJERI POST, TIRUR TALUK, MALAPPURAM DISTRICT - 676 121. ``` ``` CRL.MC NO. 5507 OF 2021 ``` ``` 2 ``` - **`7 ASIF`** ``` AGED 27 YEARS ``` ``` S/O.MUHAMMEDKUTTY, RESIDING AT THOTTIYIL HOUSE, PARAMBILPEEDIKA POST, PERUVALLUR, MALAPPURAM DISTRICT - 676 317. ``` ``` BY ADVS. BINU V.V. BINU S.K.PREMJITH MENON ``` ## **`RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.`** - **`2 SREERAG AGED 25 YEARS S/O.SUBRAHMANIAN, MUNDAMVALAPPIL HOUSE, BIYYAM POST, PONNANI TALUK, MALAPPURAM DISTRICT - 679 576.`** - **`3 RANJITH AGED 24 YEARS S/O.MANOHARAN, CHAKKI PARAMBIL HOUSE, K.PURAM POST, THAMARAKULAM, TIRUR TALUK, MALAPPURAM DISTRICT - 676 302.`** - **`4 KARTHIK AGED 24 YEARS`** ``` S/O.MANJAPPA, KOLATH PARAMBIL HOUSE, KALADI POST, EDAPPAL, PONNANI TALUK, MALAPPURAM DISTRICT - 679 582. ``` - **`5 FEBIL AGED 24 YEARS S/O.PRADEEP KUMAR, KOLLATHEDATH HOUSE, PACHATTIRI POST, TIRUR TALUK, MALAPPURAM DISTRICT - 676 102.`** ``` CRL.MC NO. 5507 OF 2021 ``` ``` 3 ``` ``` 6NIVED AGED 23 YEARS S/O.PURUSHOTHAMAN, KODIYERI HOUSE, OZHUR POST, TIRUR TALUK, MALAPPURAM DISTRICT - 676 307. ``` ``` BY ADV SRI.MANEKSHA D. ``` ``` SRI.C.S. HRITHWIK- PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 5507 OF 2021 ``` ``` 4 ``` ## **`ORDER`** The petitioners herein are the accused Nos.1 to 7 in Crime No.824/2016 on the file of Tirur Police Station which is registered against them for the offences 143, 147, 148, 324 and 506(ii) read with Section 149 of the Indian Penal Code. Annexure A1 is the First Information Report and Annexure A2 is the final report submitted by the Police after investigation. The Judicial Magistrate First Class Magistrate Court - I, Tirur has taken cognizance on Annexure A2 and the same is now pending as C.C. No.295/2017. The allegation against the petitioners is that, they formed themselves into unlawful assembly and assaulted the respondents 2 to 6 and thereby committed the offences. 2. This Crl.M.C. is filed by the petitioners seeking to quash all further proceedings pursuant to Annexure A2 final report. 3. Heard Sri.V.V. Binu, learned counsel for the petitioners, Sri.Hrithwik C.S., learned Public Prosecutor for the 1[st] respondent and Sri.Maneksha D, learned counsel appearing for the respondents 2 to 6. 4. The main contention put forward by the learned counsel ``` CRL.MC NO. 5507 OF 2021 ``` ``` 5 ``` for the petitioners is that the entire matter has been settled between the parties and to substantiate the aforesaid settlement, Annexures A3 to A7 affidavits sworn by the respondents 2 to 6 respectively have been submitted. On going through the affidavits as mentioned above, it can be seen that respondents 2 to 6 are the persons injured in the incidents and they have clearly conveyed that they do not have any subsisting grievance against the petitioners herein. They also conveyed their non-objection in terminating the proceedings against the petitioners prematurely. The learned counsel appearing for the respondents 2 to 6 also confirmed the aforesaid settlement. The learned Public Prosecutor also submitted that the veracity of the settlement has been verified by the Station House Officer concerned and found that a genuine settlement has arrived at between parties. The statements of the injured were also recorded by the Station House Officer concerned which reveal the settlement arrived at between parties. 5. In the light of the settlement as evidenced by aforesaid document, it is only proper that the proceeding pursuant to Annexure A2 be quashed. It is also a relevant aspect in this regard, the incident ``` CRL.MC NO. 5507 OF 2021 ``` ``` 6 ``` has occurred in a college campus and it was a dispute between the students. In the light of the settlement arrived at between the parties, no fruitful purpose would be served by allowing the prosecution to continue particularly, because of the fact that chances of a successful prosecution are very bleak. In **Gian Singh v. State of Punjab [2012 (4) KLT 108]** , the Honorable Supreme Court has categorically held that, in cases where settlement has been arrived at between the parties, the proceedings can be quashed invoking the powers under Section 482 of Cr.P.C, where the offences are no heinous or serious. In this case, even though allegation is that of assault no serious injuries are seen sustained by the parties and the same is a dispute between the student in a campus. Considering the young age of the petitioners, who were students at the relevant time and are having good prospects for a good career ahead, some indulgence can be shown. In such circumstances, in the light of the principles laid down by the Hon'ble Supreme Court, I am of the view that the proceedings in this case can be quashed by invoking the inherent powers of this Court. Thus, I am inclined to invoke the inherent powers of this Court ``` CRL.MC NO. 5507 OF 2021 ``` ``` 7 ``` under Section 482 Cr.P.C. Accordingly, Annexure A2 final report in Crime No.824/2016 of the Tirur Police Station and all further proceedings in C.C. No.295/2017 on the files of the Judicial First Class Magistrate Court - I, Tirur are hereby quashed. ``` Sd/- ZIYAD RAHMAN A.A. JUDGE ``` SCS ``` CRL.MC NO. 5507 OF 2021 ``` ``` 8 ``` ## **`APPENDIX OF CRL.MC 5507/2021`** ## `PETITIONER ANNEXURES` ``` Annexure A1CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO.824/2016 OF TIRUR POLICE Annexure A2CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 1ST RESPONDENT Annexure A3AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT DATED 28/10/2021 Annexure A4AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT/INJURED DATED 28/10/2021 Annexure A5AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT/INJURED DATED 28/10/2021 Annexure A6AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT/INJURED DATED 28/10/2021 Annexure A7AFFIDAVIT EXECUTED BY THE 6TH RESPONDENT/INJURED DATED 28/10/2021 ```