Muhammed.P vs State Of Kerala

Ashok Menon, J

The petitioners are accused 1 and 2 in Crime No.880/2017 of Vatakara Police Station in which final report has been filed and taken on the files of

the Judicial First Class Magistrate Court, Vatakara as C.C.No.140/2018, for having allegedly committed the offences punishable under Sections 143,

147, 341 and 323 read with Section 149 of the I.P.C.

The  de  facto  complainant-injured  is  the  n 2d respondent herein. The petitioners state that the matter

has been settled with the 2nd  respondent and the 2nd  respondent has also appeared through a Counsel and filed an affidavit to the effect that he

has no objection in quashing the proceedings and discharging the accused. The incident occurred as a result of political clash between the members of

IUML and CPI(M). There are a number of cases and all those cases have been settled amicably between the parties. The main offence in this Crime

is only under Section 323 of the I.P.C.

The learned Public Prosecutor, under instructions, points out that the accused have criminal antecedents, to which the learned Counsel appearing

for the petitioners submits that there were series of cases in which the petitioners were involved and all those cases have been settled amicably and

hence the same may not stand in the way of quashing the proceedings.

After having heard the submissions, I find that there is no public interest involved and all the matters have been settled amicably between the

parties, who belongs to different political parties and in order to purchase peace in the locality, the quashing of further proceedings is necessary,

considering the settlement.

Resultantly, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in Crime No.880/2017 of Vatakara Police Station, presently

pending on the files of the Judicial First Class Magistrate Court, Vatakara as C.C.No.140/2018, stands quashed under Section 482 of Cr.P.C. and the

accused are discharged and set at liberty.