IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 24^TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 CRL.MC NO. 6376 OF 2021 [CC 765/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL]

PETITIONERS/A1 TO A4:

1 RENJITH SILVA AGED 40 YEARS S/O. CRYIL SILVA, RESIDING AT SMITHA HOUSE, PUTHENTHOPPU, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

2 BENSTON FERNANDUS @ SUBIN, AGED 31 YEARS, S/O. YESUDAS FERNANDUS, ANEENA COTTAGE, PUTHENTHOPPU, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

3 ANOOP AGED 29 YEARS S/O. YESUDAS FERNANDUS, ANEENA HOUSE, PUTHENTHOPPU, MENAMKULAM, THIRUVANANTHAPURAM DISTRICT.

4 RITHIN EARNEST GOMAS AGED 28 YEARS S/O. EARNEST, KRIPA DALE, PUTHENTHOPPU, MENAMKULAM, THIRUVANANTHAPURAM DISTRICT.

BY ADV N.SUNIL JOSEPH RESPONDENTS/STATE & DE FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 THE STATION HOUSE OFFICER KADINAMKULAM POLICE STATION, REPRESENTING KADINAMKULAM (P.O), THIRUVANANTHAPURAM DISTRICT, PIN - 695303.

3 NIKHIL NORBERT AGED 20 YEARS S/O. NOBERT LOPPEZ, RESIDING AT LOVE LAND, PUTHENTHOPPU MURI, PUTHENTHOPPU (PO), KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695303.

BY ADV B.BIPIN OTHER PRESENT:

SR.PP - SMT. SREEJA V.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Petitioners are the accused in C.C.No.765/2021 on the file of Judicial First Class Magistrate-I, Attingal which arose from the final report in Crime No.1233/2020 of Kadinamkulam Police Station. The crime was registered on 14.10.2020 alleging offences punishable under Sections 143,147,148,294(b),341,323,324, 452,506(ii) and 380 read with 149 IPC on the strength of the first information furnished by the third respondent, who is the injured. On completing the investigation, charge sheet had been laid and the case is pending against the petitioners. Petitioners have approached this Court seeking to quash the proceedings on the premise that the matter is settled with the third respondent/de facto complainant.

2. The allegation against the petitioners is that on

13.10.2020 at 14 hours, the accused persons, four in number trespassed upon the residential premises of the third respondent holding dangerous weapons; the third respondent, on seeing the accused, ran through the staircase to the second floor and opened the door of the sit out trying to escape, they chased him and wrongfully restrained him, made him to fall on the ground and accused 1 and 2 stamped on different parts of the face of the third respondent and caused him injuries. Petitioners ran away when the people in the neighbourhood collected there. It is also alleged that petitioners had done acts of mischief by hurling stones on the window pane of the house and thus caused loss.

3. I heard the learned counsel for the petitioners and the learned Senior Public Prosecutor, who confirms the settlement reached between the parties. Annexure A3 affidavit also indicates that the case is settled and the third respondent has no grievance against the petitioners.

4. No public interest is involved in the case and the third respondent did not suffer serious injuries. In the circumstances, entire proceedings in C.C.No. 765/2021 of Judicial First Class Magistrate-I, Attingal are quashed and the petitioners shall stand exonerated.

Crl.M.C. is allowed.

SD/-

K.HARIPAL, Judge MBS/

APPENDIX OF CRL.MC 6376/2021 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

1233/2020 OF KADINAMKULAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 765/2021 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE -I, ATTINGAL.

Annexure A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 06.12.2021.