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Judgment
7 paragraphs · 286 wordsK.Haripal, J
Petitioners are the accused in C.C. No. 854 of 2017 pending before the Judicial First Class Magistrate's Court-I, Manjeri, which arose from the final report in Crime No. 577 of 2016 of Manjeri police station registered on 16.06.2016 alleging offence punishable under Sections 143, 147, 148, 323, 324 read with Section 149 of the IPC.
Even though it was shown as an act by an unlawful assembly, only four accused persons have been arrayed in the charge sheet who are the petitioners. Petitioners have moved this Court under Section 482 of the Cr.P.C. seeking to quash the proceedings on the contention that the matter stands settled with the de facto complainant and other injured, who are the party respondents.
I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor.
It was an incident that happened on 16.08.2016 at 3.15 p.m., within the premises of the HM College where the petitioners and the injured were students. It is alleged that the accused persons had assaulted the party respondents with a stick, stone, and also manhandled them. It was a clash between two groups of students in the college premises and now the matter is settled. Annexure C, D, and E affidavits of the party respondents clearly indicate that the matter is settled and they have no objection to quashing the proceedings. There is no contention that the respondents had sustained serious injuries so that public interest is not prejudiced.
In the circumstances, entire proceedings in C.C. No. 854 of 2017 pending before the Judicial First Class Magistrate's Court-I, Manjeri are quashed and the petitioners shall sand exonerated.
The Criminal Miscellaneous Case is allowed as above.