IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 CRL.MC.NO. 46 OF 2011() -------------------------------------- CC.375/2008 OF JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): ACCUSED ------------------------------------ 1. BALU GEORGE @ BALU, AGED 22 YEARS, S/O. MICHAEL, ITTYPATTA HOUSE, CHURCH ROAD, THAMMANAM VILLAGE, ERNAKULAM. 2. ANAND, AGED 22 YEARS, S/O. CHITRGADAN, CHAITHRAM HOUSE, 2ND CROSS ROAD, MAVELI NAGAR, THRIKKAKKARA NORTH VILLAGE, ERNAKULAM. 3. JIJU LAL, AGED 22 YEARS,S/O.JAYALAL, LALS HOUSE, SREEKALA ROAD, BEHIND MEDICAL CENTRE, EDAPPALLY SOUTH VILLAGE, ERNAKULAM. 4. ARUN KUMAR, AGED 22 YEARS, S/O. NANDAKUMAR, 'AISWARYA HOUSE', VYLOPILLY HOUSE AZAD ROAD, KALOOR, ERNAKULAM. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): STATE -------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BONEYVALLOPPALLY, S/O. MATHEW K.VALLOPALLY, VALLOPALLIYIL HOUSE, KACHERI THAZHAM, MOOVATTUPUZHA VILLAGE, MOOVATTUPUZHA TALUK. 3. PHIROZ MUHAMMED, S/O. ABDUL LATHEEF, FADHIL MANZIL, KANNUR THALUK, KANNUR DISTRICT. BY PUBLIC PROSECUTOR SMT. PUSPALATHA M.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2011 ALONG WITH CRL.M.C NO.47 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.46 & 47 of 2011 ==================================== Dated this the 12th day of January, 2011 O R D E R These petitions under Section 482 of the Code of Criminal Procedure are filed by the accused in C.C. No.375 of 2008 and 153 of 2008, respectively of the court of learned Judicial First Class Magistrate-II, Aluva arising from Crime No.83 of 2007 and 143 of 2007, respectively of Kalamassery police station. Petitioners and the de facto complainant are students of the same institution but belonged to different student unions. There was a clash between them and some of them sustained injuries based on which police registered cases against both sides as referred to above which resulted in final reports against them. In Crl.M.C. No.46 of 2011 arising from C.C.No.375 of 2008 offence alleged are under Sections 143, 147, 148, 323, 324 and 427 read with Section 34 of the Indian Penal Code while in Crl. M.C. No.47 of 2010 arising from C.C. No.153 of 2008 offences alleged are under Sections 143, 147, 148, 323, 324 and 427 read with Section 34 of the Indian Penal Code. Now parties have settled the dispute among them and the de facto complainants have filed affidavits reporting settlement CRL.M.C. Nos.46 & 47 of 2010 -: 2 :- and stating that they have no objection in quashing the proceedings against petitioners. Annexures C and D are the affidavits filed in Crl.M.C. No.46 of 2011 while Annexures B and C are the affidavits filed by the de facto complainant in Crl.M.C. No.47 of 2011. I have learned counsel for petitioner, learned counsel for respondent Nos.1 and 2 and learned Public Prosecutor for respondent No.1. 2. It is seen from the affidavits of respondents Nos.2 and 3 in both the cases that the cases are settled between the parties. I stated that petitioners and respondent Nos.2 and 3 are students of the same institution and that student activity led to the incident. Though student activities leading to such incidents are not appreciable or to be encouraged considering the fact that parties have shelved their disputes and harmonious situation is now prevailing among them and there is no possibility of the prosecution having a successful termination I am inclined to allow the petitions. Resultantly, these Criminal Miscellaneous Cases are CRL.M.C. Nos.46 & 47 of 2010 -: 3 :- allowed. All proceedings in C.C. Nos.375 of 2008 and 153 of 2008 of the court of learned Judicial First Class Magistrate-II, Aluva as well as final reports and connected proceedings therein will stand quashed. THOMAS P. JOSEPH, JUDGE. vsv