Stephin Benny vs State Of Kerala

Ashok Menon, J

The petitioners are accused in Crime No.2761/2019 of Pala Sub Division Police Station for having allegedly committed the offences punishable

under Sections 143, 147, 341,294(b), 323, 506(i) read with Section 149 of the IPC.

The Final report has already been filed and taken on file of the Judicial First Class Magistrate Court-I, Pala as S.T. No.5388/2019. The petitioners

states that the matter has been amicably settled with the defacto complainant and the injured who are arrayed as respondents 2 to 6. Therefore, the

proceedings against them may be quashed under Section 482 CRPC. The respondents 3 to 5 were students of Government Poly Technic College,

Pala and because of some dispute that has arisen during the college union election, they had got involved in a clash which resulted in the registration of

the crime. Now that matter has been settled. It is prayed that entire proceedings may be quashed. The defacto complainant who is the Principal of the

College and the injured have all appeared and they have filed affidavits to the effect that the matter has been amicably settled and that they have no

objection in quashing the proceedings against the petitioners.

The learned Public Prosecutor has also received instructions regarding the genuineness of the settlement. The main offences alleged are

compoundable. The petitioners have no criminal antecedents. There is no public interest involved. In such circumstances, I find that proceedings are

liable to be quashed.

In the result, the Crl.M.C is allowed. The entire proceedings as against the petitioners in Crime No. 2761/2019 of the Pala Sub Division Police Station

presently pending as S.T.No.5388/2019 of Judicial First Class Magistrate Court-I, Pala stands quashed under Section 482 of the CRPC and the

accused are discharged and set at liberty.