Ramees vs State Of Kerala

Ashok Menon, J

The petitioners are accused 1 to 16 in Crime No.1014/2017 of Vatakara Police Station, in which final report has been filed and the case has now

been taken on the files of the Judicial First Class Magistrate Court, Vatakara as C.C.No.47/2018, for having allegedly committed the offences

punishable under Sections 143, 147, 447, 435 and 427 read with Section 149 of the I.P.C.

The de facto complainant and aggrieved are respondents 2 and 3 and they have appeared through a Counsel and filed affidavits stating that they

have settled the matter with the petitioners. The petitioners state that the incident occurred as a result of the political clash and that the de facto

complainant and the aggrieved have been sufficiently compensated and the matter has been settled.

The learned Public Prosecutor also, under instructions, submits that the matter has been settled. The learned Public Prosecutor also points out that

some of the accused have criminal antecedents and hence the matter may not be quashed.

After having heard the submissions on both sides and the submission of the learned Counsel appearing for the petitioners that there were a series of

cases registered against the petitioners as a result of an on-going political clash between the members of different political parties and the prayer for

quashing the proceedings may not be disallowed.

Under the above circumstances, I find that there is no public interest involved. The fact that the petitioners have criminal

antecedents does not create any embargo in settling the matter. Hence, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in

Crime No.1014/2017 of Vatakara Police Station, presently pending on the files of the Judicial First Class Magistrate Court, Vatakara as

C.C.No.47/2018, stands quashed under Section 482 of Cr.P.C. and the accused are discharged and set at liberty.