IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 Crl.MC.No. 386 of 2011 -------------------------------- [CRIME NO.450/2009 OF SREEKARYAM POLICE STATION, THIRUVANANTHAPURAM] .................. PETITIONERS/ACCUSED 1 TO 4: ----------------------------------------------- 1. NIPUN, B.TECH STUDENT, S-5, GOVERNMENT COLLEGE OF ENGINEERING, SREEKARIYAM, THIRUVANANTHAPURAM. 2. SHAKKIR, B.TECH STUDENT, S-5,GOVERNMENT COLLEGE OF ENGINEERING, SREEKARIYAM, THIRUVANANTHAPURAM. 3. RASHID, B.TECH STUDENT, S-5,GOVERNMENT COLLEGE OF ENGINEERING, SREEKARIYAM, THIRUVANANTHAPURAM. 4. CIRIL @ DEEPAK, B.TECH STUDENT, S-3, GOVERNMENT COLLEGE OF ENGINEERING, SREEKARIYAM, THIRUVANANTHAPURAM. BY ADVS. SRI.SUMAN CHAKRAVARTHY, SMT.K.R.RIJA. RESPONDENTS/DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. ANANTHA PADMANABHAN, S/O.SREEKUMAR, 'PADMANABHAM', T.C. 15/562-1, CSM NAGAR, EDAPAZHINJI, SASTHAMANGALAM (P.O), THIRUVANANTHAPURAM – 695 324. 2. THE SUB INSPECTOR OF POLICE, SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM – 695 152. 3. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA – 682 031. R1 BY ADV. SMT.BINDU GEORGE, R2 & R3 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2011,ALONG WITH CRL.M.C. NO.395/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.Nos.386 and 395 of 2011 --------------------------------------- Dated this 17th day of February, 2011 ORDER These petitions arise from Crime Nos.450 of 2009 and 367 of 2010 of Sreekaryam Police Station, Thiruvananthapuram and the second allegedly a counter blast in view of registration of the first case. Petitioners are students of College of Engineering, Thiruvananthapuram, a few are hostlers and others are day scholars. There appeared to be a quarrel between two groups in the college premises based on which the police have registered Crime No.450 of 2009 for offences punishable under Secs.341 and 323 r/w Sec.34 of the Indian Penal Code. Annexure-A is the FIR in that case. Crime No.367 of 2010 is registered for offence punishable under Secs.114, 342, 323 and 294(b) r/w Sec.34 of the Penal Code concerning an incident that allegedly occurred on 17.06.2010, also in the premises of the college. Now, the warring groups have reached a settlement whereby they have decided to bury their dispute within the campus itself. They therefore wanted to quash proceedings against them. The respective de facto complainant have filed Annexure-B affidavit in each case. Crl.M.C.Nos.386 and 395 of 2011 -: 2 :- 2. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for first respondent in each case has asserted the fact of settlement and authenticity of the affidavit (Annexure-B). Learned Public Prosecutor also has submitted that the parties have settled the dispute. 3. As I stated, petitioners are college students. The cases are at the stage of investigation. Prolonged proceedings in cases, chargesheets and court proceedings may affect the future of petitioners. Considering that and the settlement reached between the parties I am inclined to allow these petitions. Resultantly these petitions are allowed. Annexure-A, FIR in Crime Nos.450 of 2009 and 367 of 2010 of Sreekaryam Police Station against petitioners herein and all proceedings taken pursuant thereto are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-