No public interest is involved and offences alleged are minor in nature hence entire proceedings initiated against the petitioners are quashed : High Court of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY THE 18TH DAY OF MARCH 2022 27TH PHALGUNA 1943 CRL.MC NO. 877 OF 2022 CRIME NO.678 2013 OF VIDYANAGAR POLICE STATION KASARAGOD ON THE FILES OF THE JUVENILE JUSTICE BOARD KASARAGOD PETITIONERS ACCUSED NOS.1 AND 2 AGED 25 YEARS S O. MUHAMMED BENOOR HOUSE PERUMBALA P. O. KALANAD VIA KASARAGOD PIN 671317 AGED 25 YEARS S O. TAAJUEEN ABDULLA QUARTERS METHAL KOLIYADUKKAM PERUMBALA P. O. KASARAGOD PIN 671317 BY ADV ANN SUSAN GEORGE RESPONDENTS COMPLAINANT AND STATE THE SUB INSPECTOR OF POLICE VIDYANAGAR POLICE STATION KASARAGOD DISTRICT PIN 671123 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. PIN 682031 AGED 24 YEARS S O. GURUDATH KOTTARUPAM HOUSE CHEMANAD VILLAGE AND POST KASARAGOD. PIN 671317 AGED 24 YEARS S O. MURALIDHARAN K. CHETTAKUZHI HOUSE PERUMBALA VILLAGE AND POST Crl.M.C.Nos.877 and 881 of 2022 PIN 671317 SR.PP SRI. NOUSHAD K.A THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2022 ALONG WITH Crl.MC.881 2022 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.877 and 881 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY THE 18TH DAY OF MARCH 2022 27TH PHALGUNA 1943 CRL.MC NO. 881 OF 2022 L.P.C.NO.51 2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I KASARAGOD IN CRIME NO.678 2013 OF VIDYANAGAR POLICE STATION KASARAGOD DISTRICT PETITIONERS ACCUSED NOS.1 AND 2 AGED 35 YEARS S O. MOHAMMED BAESOOR HOUSE NEAR BAESOOR RATION SHOP PERUMBALA P. O. PERUMBALA VILLAGE PIN 671317 ABDUL NAZAR T. @ NACHU AGED 35 YEARS S O. ABDUL KHADER KADAPPALLAM HOUSE PERUMBALA P. O. PERUMBALA VILLAGE KASARAGOD PIN 671317 BY ADV ANN SUSAN GEORGE THE SUB INSPECTOR OF POLICE VIDYANAGAR POLICE STATION KASARAGOD DISTRICT PIN 671123 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM PIN 682031 AGED 24 YEARS S O. GURUDATH KOTTARUPAM HOUSE CHEMANAD VILLAGE AND POST Crl.M.C.Nos.877 and 881 of 2022 PIN 671317 AGED 24 YEARS S O. MURALIDHARAN K. CHETTAKUZHI HOUSE PERUMBALA VILLAGE AND POST KASARAGOD. PIN 671317 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2022 ALONG WITH Crl.MC.877 2022 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.877 and 881 of 2022 Petitioners are the accused in Crime No.678 2013 of Vidya Nagar police station in Kasaragod registered on 13.11.2013 alleging offence under Sections 143 147 341 323 and 294(b read with Section 34 of the IPC. The crime was registered on the first information furnished by the 3rd respondent who was undergoing treatment in Kasaragod Carewell hospital. On conclusion of investigation charge sheet has been laid against the petitioners in Crl.M.C No.881 2022 and the case is now pending before the Judicial First Class Magistrate I Kasaragod as C.C.No.348 2022 alleging the above stated offences. Petitioners in Crl.M.C.No.877 2022 were juveniles in conflict with law at the time of the commission of the crime and according to the learned counsel for the petitioners final report has not yet been laid against them. But the learned Senior Public Prosecutor disputed this contention and said that final report has already laid against the petitioners in Crl.M.C.No.877 2022 as well before the Juvenile Justice Board Kasaragod. Whatever it may be now Crl.M.C.Nos.877 and 881 of 2022 claiming that the matter is settled with respondents 3 and 4 who are the defacto complainant and the injured entire proceedings are sought to be quashed I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor who has confirmed the settlement reached between the parties The allegation against the petitioners is that on 12.11.2013 at 15:30 hours near the Koliyadukkam panchayath ground stage petitioners in Crl.M.C.No.881 2021 along with the juveniles in conflict with law and about nine identifiable persons had formed an unlawful assembly and in prosecution of their common object wrongfully restrained respondents 2 and 3 manhandled them and also abused them and thus committed the above stated offences. The affidavits filed by respondents 3 and 4 indicate that the matter is settled in the presence of respectable mediators and they do not want to continue the proceedings They have no objection in quashing the proceedings also The wound certificates in respect of respondents 3 and Crl.M.C.Nos.877 and 881 of 2022 4 do not suggest that they had sustained serious injuries in the occurrence. In the circumstances and since no public interest is involved and offences alleged are minor in nature entire proceedings initiated against the petitioners pursuant to the registration of Crime No.678 2013 of Vidya Nagar police station are quashed Crl.M.Cs are allowed as above K.HARIPAL JUDGE Jms 18.03 Sd True Copy P.A to Judge Crl.M.C.Nos.877 and 881 of 2022 APPENDIX OF CRL.MC 877 2022 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 678 2013 OF VIDYANAGAR POLICE STATION KASARAGOD ON THE FILES OF THE JUVENILE JUSTICE BOARD KASARAGOD THE TRUE COPY OF THE AFFIDAVITS DATED 16.12.2021. SWORN IN BY THE 3RD RESPONDENT THE TRUE COPY OF THE AFFIDAVITS DATED 16.12.2021. SWORN IN BY THE 4TH RESPONDENT Crl.M.C.Nos.877 and 881 of 2022 APPENDIX OF CRL.MC 881 2022 THE CERTIFIED COPY OF THE FINAL REPORT IN L. P. C. NO. 51 2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I KASARAGOD IN CRIME NO. 678 2013 OF VIDYANAGAR POLICE STATION KASARAGOD THE TRUE COPY OF THE AFFIDAVITS DATED 16.12.2021. SWORN IN BY THE 3RD RESPONDENT THE TRUE COPY OF THE AFFIDAVITS DATED 16.12.2021. SWORN IN BY THE 4TH RESPONDENT

Summary: Petitioners were juveniles in conflict with law at the time of the commission of the crime and since no public interest is involved and offences alleged are minor in nature, entire proceedings initiated against  are quashed was upheld by High Court of Kerala through learned bench led by HONOURABLE MR. JUSTICE K.HARIPAL in the case of MUHAMMED HANEESH vs. THE SUB INSPECTOR OF POLICE (CRL.MC NO. 877 OF 2022) on 18th March, 2022. Brief facts of the case are that Petitioners are the accused in Crime No.678/2013 of Vidya Nagar police station in Kasaragod registered on 13.11.2013 alleging offence under Sections 143, 147, 341, 323 and 294(b) read with Section 34 of the IPC. The crime was registered on the first information furnished by the 3rd respondent, who was undergoing treatment in Kasaragod Carewell hospital.  The allegation against the petitioners is that on 12.11.2013 at 15:30 hours, along with the juveniles in conflict with law and about nine identifiable persons had formed an unlawful assembly and in prosecution of their common object, wrongfully restrained respondents 2 and 3, manhandled them and also abused them and thus committed the above stated offences. Learned counsel for petitioner submits that the affidavits filed by respondents 3 and 4 indicate that the matter is settled in the presence of respectable mediators and they do not want to continue the proceedings. They have no objection in quashing the proceedings also. The wound certificates in respect of respondents do not suggest that they had sustained serious injuries in the occurrence, in the view of facts and circumstances the court stated since no public interest is involved and offences alleged are minor in nature, entire proceedings initiated against the petitioners pursuant to the registration of Crime No.678/2013 of Vidya Nagar police station are quashed .