Anas And Ors vs State Of Kerala And Ors

The petitioners are the accused in Crime No.267/2021 of Aluva East Police Station, registered for the offences punishable under Sections 143, 147,

341, 324, 294(b) and 325 r/w 149 of the Indian Penal Code.

From the materials placed on record, it appears that the petitioners and the 2nd respondent, who is the defacto complainant are class mates. The

crime appears to have been registered on the basis of the complaint of the 2nd respondent that the petitioners formed themselves into an unlawful

assembly and attacked the defacto complainant on 26.02.2021 demanding money. It is pointed out that the defacto complainant has executed

Annexure-3 affidavit stating that the entire issues have been settled between him and the petitioners and also stating that he does not intend to proceed

with the prosecution of the petitioners.

I have heard the respective counsel for the parties and the learned Public Prosecutor.

Considering the over all facts and circumstances of the case, I am of the opinion that this is a fit case where the inherent jurisdiction of this Court

under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice. Keeping in mind the principles laid down by the

Supreme Court in Gian Singh Vs. State of Punjab and another [2012 (4) KLT 108] and Parbatbhai Aahir vs. State of Gujarat [(2017) 9 SCC 641], I

am of the opinion that Annexure-I F.I.R and all further proceedings on the same can be quashed as against the petitioners.

In the result this Crl.M.C is allowed. The Annexure-I F.I.R in Crime No.267/2021 of Aluva East Police Station, Ernakulam District and all further

proceedings thereon are quashed as against the petitioners.