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Judgment
6 paragraphs · 385 wordsK.Haripal, J
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, 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 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.