IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 Crl.MC.No. 1637 of 2011() ------------------------------------ C.C. NO.1036/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM. CRIME NO.101/2008 OF ANCHALUMMOODU POLICE STATION, KOLLAM DIST. ..................... PETITIONERS/ACCUSED NO.1 TO 6 ---------------------------------------------------- 1. SAJIN, S/O. JALALUDEEN, SAJIN VILLA, KAIKULANGARA NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. 2. AJISH, S/O. AJAYAKUMAR, PLANTHOTTATHIL, VADAKKEKKARA CHERRY, THRIKKARUVA VILLAGE, KOLLAM DISTRICT. 3. RAMESH, S/O. REGHUNATHAN NAIR, BEN HOUSE, MANAYIL KULANGARA CHERRY, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. 4. NIYAS BABU, S/O. SHAJAHAN, KUNNATHU MADATHIL, THRIKKARUVA VILLAGE, THUNCHUVILA CHERRY, KOLLAM DISTRICT. 5. JACKSON JAMES, S/O. JAMES, VILAYIL PUTHEN VEEDU, PANAYAM VILLAGE, CHITTAYAM CHERRY, KOLLAM DISTRICT. 6. SREEKRISHNA DAS, S/O. C.RAJENDRAN, THAPASYA, THEVALLY P.O., KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN, SMT.SREEVIDYA R.S. RESPONDENTS/STATE/COMPLAINANT --------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MIDHILESH, S/O. MURALEEDHARAN, THUDAYYATHU THODIYIL, PALKULANGARA CHERRY, KILIKOLLOOR VILLAGE, KOLLAM DISTRICT. Crl.MC.No. 1637 of 2011 3. ARCHU S.VIJAYAN, S/O. VIJAYAN, KOCHUPOOTTIL VEETTIL, THEKKECHERRY, KIZHAKKE KALLADA VILLAGE, KOLLAM DISTRICT. 4. RATHUL, S/O. MOHANAN, RATHUL NIVAS, WARD NO.IV, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 5. NISAM, S/O. JALALUDEEN, K.M.K. DWADOOTH, NEAR UMAYANALLOR MOSQUE, WARD NO.3, MAYYANADU PANCHAYATHU WARD, THAZHUTHALA VILLAGE, KOLLAM DISTRICT. 6. ABDUL SALAM, S/O. RASHEED, HASHEENA MANZIL, BACK SIDE OF KOLLOORVILA MOSQUE, KOLLOORVILA CHERRY, MUNDAKKAL VILLAGE, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.JAYASURYA. R2 TO R6 BY ADV. SMT.BABY JOSE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 1637 of 2011 ==================================== Dated this the 13th day of June, 2011 O R D E R Petitioners are accused 1 to 6 in C.C. No.1036 of 2008 of the court of learned Judicial First Class Magistrate-I, Kollam for offences punishable under Sections 143, 147 and 324 read with Section 149 of the Indian Penal Code. Case was registered on the complaint of the second respondent. Petitioners request to quash proceedings against them on the strength of a settlement reached with respondents 2 to 6, the de facto complainant and injured. I have heard learned counsel for petitioners, respondents 2 to 6 and the learned Public Prosecutor. 2. It is submitted that petitioners and respondents 2 to 6 were students of Perumon Engineering College. Allegation is that petitioners used chairs against respondents 2 to 6. It is also submitted that petitioners and respondents 2 to 6 have already completed their courses in that college. Learned counsel on both sides confirmed the settlement. Learned counsel for respondents 2 to 6 confirmed the authenticity and genuineness of the affidavit sworn by the second respondent. Having regard to the nature of CRL.M.C. No.1637 of 2011 -: 2 :- offences and also the fact that petitioners and respondents 2 to 6 were students at the time the incident occurred I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A2, Final report in Crime No.101 of 2008 of Anchalummoodu Police Station, cognizance taken thereon and all proceeding against petitioners in C.C. No.1036 of 2008 of the court of learned Judicial First Class Magistrate-I, Kollam are quashed. THOMAS P. JOSEPH, JUDGE. vsv