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Judgment
Petitioners are accused Nos.1 to 3 in Crime No.409/2019 of Kasargode police station, alleging commission of offences punishable under Sections
143, 147, 148, 341, 323 and 324 r/w. Section 149 of the Indian Penal Code. Petitioners were juveniles and had not attained the age of majority on the
date of commission of the offence.
It appears from the pleadings of the case that the incident occurred when the petitioners were students of the twelfth Standard and they had some
issues with a student studying in the eleventh Standard of the same school. Learned counsel appearing for the petitioners submits that the crime was
registered on the basis of some misunderstanding and that the petitioners and the
de facto complainant are now maintaining a good relationship. Reference is made to Annexure-A2 affidavit dated 15.01.2021 sworn to by the 3rd
respondent (now a major), which shows that the entire disputes between the parties have been settled.
In the totality of the facts and circumstances of the case, I am of the opinion that this is a fit case wherein the inherent jurisdiction of this Court
under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice . In the light of the law laid down by the Hon'ble
Supreme Court in Gian Singh V. State of Punjab and Another [2012 (4) KLT 108] as explained in Parbatbhai Aahir V. State of Gujarat [(2017) 9
SCC 641], I am of the view that interest of justice requires this Court to exercise its power under Section 482 of the Code of Criminal Procedure to
quash the proceedings.
In the result, this Crl.M.C will stand allowed and all further proceedings against the petitioners in Annexure-A1 FIR in Crime No.409 of 2019 on the
file of Kasargode police station, Kasargode district will stand quashed as against the petitioners.