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2023 Supreme(Online)(KER) 16584

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
ANSAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
BALAMURALI K.P.

ORDER

This petition is filed invoking the powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (“the Code”) for the sake of brevity.

2. The petitioners herein are the accused Nos. 1 to 13 in CC.No.174 of 2015 on the files of the Judicial Magistrate of the First Class, Kolenchery. In the above case, they face indictment for the offenses punishable under Sections 143, 147, 148, 323, 324, and 326 r/w. Section 149 of the IPC.

3. The prosecution allegation is as under:

On 29.09.2014, at about 1.00 p.m., the petitioners herein, who are students of St. Peters College, formed themselves into an unlawful assembly and, in the prosecution of their common object, attacked the respondents 2 to

9, who are rival students of the same college and caused injuries.

4. The learned counsel appearing for the petitioners submitted that the petitioners, as well as the party respondents, are students and they have settled their disputes. They have no intention to pursue the prosecution proceedings. Reliance is placed on Annexure 2 to 9 affidavits filed by the party respondents to substantiate their contention. According to the learned counsel, if the proceedings are terminated, record

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