IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 22ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 CRL.MC NO. 3406 OF 2023 CC NO.833/2022 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM, IN CRIME NO.269/2022 OF NADAPURAM POLICE STATION, KOZHIKODE RURAL PETITIONERS/ACCUSED NOS. 1 TO 3:

1 AKSHAY AGED 24 YEARS S/O. PREMAN, ADUKKUDITHAZHAKUNI HOUSE, P. O. KODENCHERI, KOZHIKODE, PIN - 673580

2 ROOPESH AGED 40 YEARS S/O. KUNHIRAMAN, ADUKKUDITHAZHAKUNI HOUSE, P. O. KODENCHERI, KOZHIKODE, PIN - 673580

3 PREMAN A. T. K AGED 54 YEARS S/O. POKKAN NAIR, ADUKKUDITHAZHAKUNI HOUSE, P. O. KODENCHERI, KOZHIKODE, PIN - 673580

4 VAISHNAV P. T. K AGED 22 YEARS S/O. DAMODHARAN, CHAKKAYATHINTAEVIDATHAZHAKUNI, P. O. KODENCHERI, KOZHIKODE, PIN - 673580

5 VIJESH AGED 43 YEARS S/O. KUNHIRAMAN, ADUKKUDITHAZHAKUNI HOUSE, P. O. KODENCHERI, KOZHIKODE, PIN - 673580 BY ADV ANN SUSAN GEORGE RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 THE SUB INSPECTOR OF POLICE NADAPURAM POLICE STATION, KOZHIKODE RURAL, PIN - 673504

3 BABU P AGED 57 YEARS S/O. KRISHNAN, PAROLLATHIL, P. O. KOTENCHERI, PURAMERI VIA, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673580 SRI. T.R. RENJITH, SR. GP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

22.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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 in CC No. 833/2022 on the files of the Judicial Magistrate of First Class, Nadapuram. In the said case, they stand indicted for having committed offences punishable under Sections 143, 147, 148, 341, 323, and 324, read with Section 149 of the IPC. The aforesaid case has arisen from Crime No.269/2022 of Nadapuram Police Station.

3. The prosecution allegation is as under:

On 02.05.2022, at about 1.50 pm, the petitioners formed themselves into an unlawful assembly and in prosecution of their common object, wrongfully restrained the 3rd respondent and thereafter attacked him causing injuries.

4. The learned counsel appearing for the petitioners submitted that the disputes have been amicably resolved, and reliance is placed on Annexure- II affidavit sworn to by the third respondent. The learned counsel submits that pursuant to the filing of the affidavit, the third respondent has committed suicide owing to his implication as an accused in a case involving offenses under the Protection of Children from Sexual Offences Act.

5. The learned public prosecutor has secured the necessary instructions as ordered by this Court. However, at the outset itself, he has raised pertinent reservations with regard to the prospect of quashing the present proceedings purely on the basis of the settlement. It is urged that the extant circumstances may not warrant the exercise of the court's inherent jurisdiction, as conferred under Section 482 of the Code of Criminal Procedure. However, it is fairly submitted that no other transgressions or complaints stand registered against the petitioners hitherto.

6. I have considered the submissions and have gone through the records.

7. In State of M.P. v. Laxmi Narayan,, [[(2019) 5 SCC 688]], a three-judge bench of the Hon’ble Supreme Court has summarised the law as laid down in Gian Singh v. State of Punjab, [(2012) 10 SCC 303], Narinder Singh v. State of Punjab, [2014 (6) SCC 466], State of Rajasthan v. Shambhu Kewat, [(2014) 4 SCC 149], State of M.P. v. Deepak, [(2014) 10 SCC 285], State of M.P. v. Manish, [(2015) 8 SCC 307], J. Ramesh Kamath v. Mohana Kurup, [2016) 12 SCC 179]; State of M.P. v. Rajveer Singh, [(2016) 12 SCC 471], Parbatbhai Aahir v. State of Gujarat, [(2017) 9 SCC 641], State of M.P. v. Kalyan Singh, [(2019) 4 SCC 268] and State of M.P. v. Dhruv Gurjar, [(2019) 5 SCC 570]]. It was