IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 20^TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 CRL.MC NO. 505 OF 2024 CRIME NO.912/2017 OF KOLLAM EAST POLICE STATION, KOLLAM IN CC 1100/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM PETITIONERS/ACCUSED 1 TO 7:

1 UMESH NARAYANAN AGED 30 YEARS S/O NARAYANAN NAIR, SHEELA BHAVAN, KADAKKAVOOR, THIRUVANANTHAPURAM, PIN – 695306

2 JERIN GEORGE AGED 27 YEARS S/O GEORGE WILSON, SEENA BHAVAN, KANDA CHIRA, PERINAD P.O, KOLLAM, PIN – 691601

3 ARAVIND M.D AGED 27 YEARS S/O MADHU, KOODARAM VEEDU, PUTHIYATHADAM, ALAMCODE, VANCHIYOOR P.O, THIRUVANANTHAPURAM, PIN – 695102

4 SONU AGED 30 YEARS S/O SOMAN PILLAI.K, KALEELIL PADINJATTATHIL, THAZHATHU CHERRY, KOOTTIKADA P.O, MAYYANAD, KOLLAM, PIN – 691020

5 SHYAM KUMAR .S AGED 28 YEARS S/O VIJAYAKUMARI.S, SHYAM NIVAS, PULIKUNNEL KIZHAKKATHIL, KANNIMMELCHERI, KAVANAD P.O, KOLLAM, PIN – 691003

6 MANU P.R AGED 27 YEARS S/O REJIMON, NIRUPAMA HOUSE, SURYA NAGAR 166, MUNDAKKAL WEST, MUNDAKKAL P.O, KOLLAM, PIN – 691001

7 AMAL SASIDHARAN AGED 27 YEARS S/O SASHIDHARAN, KAREEPRA VEEDU, K.R NAGAR 140, KALLUMTHAZHAM P.O, KILIKOLLUR, KOLLAM, PIN – 691004 BY ADV JOMY K. JOSE RESPONDENTS/STATE/DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

2 GANESH S. KUMAR AGED 27 YEARS S/O UDAYA KUMAR, SREE GEETHAM, EDAVATTAM, KERALAPURAM, VELLIMON P.O, PERINAD, KOLLAM, PIN – 691511

3 SREEJITH .D AGED 28 YEARS S/O DEVADAS, SREE BHAVANAM, PEROOR, TKMC P.O, KOTTAMKARA, KOLLAM, PIN – 691005

4 SAMAL SHEHU AGED 28 YEARS S/O SHEHU, KOCHUTHAYIL VEEDU, VAKKOM P.O, VAKKOM, THIRUVANANTHAPURAM, PIN – 695308

5 PRASANTH .S AGED 27 YEARS S/O SALEEM, ESI PUTHUVAL PURAYIDAM, SREEKRISHNA NAGAR 28, ASRAMOM, KOLLAM, PIN – 691002 BY ADV.

CHERIAN MATHEW POOTHICOTE OTHER PRESENT:

SRI. NOUSHAD K.A. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

20.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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Crl.M.C.No.505 of 2024 ---------------------------------------

Dated this the 20^th day of February, 2024

ORDER

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

2. Petitioners are accused Nos. 1 to 7 in C.C. No.1100/2017 on the files of the Judicial First Class Magistrate Court-II, Kollam, arising out of Crime No.912/2017 of Kollam East Police Station, registered for the offences under Sections 143, 147, 148, 323, 324 and 294(b) r/w Section 149 of the Indian Penal Code, 1860. Respondents 2 to 5 are the defacto complainant and the injured witnesses.

3. According to the prosecution, the accused had, on 09.03.2017, formed themselves into an unlawful assembly and abused the defacto complainant, assaulted him and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v.

State of Jharkhand and Another [(2014) 9 SCC 653]

7. I have perused the afÏdavits filed by respondents 2 to 5. The learned Public Prosecutor has submitted that upon verification, it is understood that the afÏdavits are genuine, and the defacto complainant and the other deponents stand by the contents th