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Safwan

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

An instance of clash between two groups of students within the campus of the Ilahia College, Muvattupuzha led to the registration of two crimes, as case and counter, in the Muvattupuzha Police Station. Crime No.1564 of 2013 was registered under Sections 143, 144, 147, 148, 341, 294 (b), 323 and 324 read with 149 of Indian Penal Code on the complaint of one Arshad Razi, that students of the other group assaulted him and his friends Amal Mohan, Dhanush Kumar, and inflicted injuries on their body with weapon. Crime No.1572 of 2013 was registered under Sections 143, 144,147, 148, 341, 294 (b), 323 and 324 read with 149 of Indian Penal Code on the complaint of one Safwan, that some students on the other side assaulted him and his friend Nejumal Nazer, and inflicted injuries on their body with weapon. The petitioners in Crl.M.C No.7115 of 2014 are the accused in Crime No.1564 of 2013. The first informant and the other injured are the respondents 1 to 3 Crl.M.C Nos.7115 & 7116 of 2014 2 therein. The petitioners in Crl.M.C No.7116 of 2014 are the accused in Crime No.1572 of 2013. The first informant Safwan and the other injured Nejumal Nazer are the respondents 1 and 2 therein. The petitioners seek orders under Section 482 of the Code of Criminal Procedure quashing the two prosecutions on the ground that they have amicably settled the whole dispute with the injured, and that the injured persons have no grievance or complaint now. It is submitted that all the petitioners have completed their studies, and have left the campus. The injured persons on both the sides have filed affidavit to the effect that the whole dispute stands settled forever, and they have no grievance or complaint. I am well satisfied that there is a real settlement between the parties, and continuance of prosecution will do harm and hardship to both the parties. Continuance of prosecution will not in fact serve any purpose other than wasting the precious time of the court when there is amicable settlement. In the result, these two petitions are allowed. The prosecution against the petitioners in Crl.M.C No.7115 of Crl.M.C Nos.7115 & 7116 of 2014 3 2014 in C.C No.603 of 2013 of the Judicial First Class Magistrate Court, Muvattupuzha, and also the prosecution against the petitioners in Crl.M.C No.7116 of 2014 in C.C No.604 of 2013 of the Judicial First Class Magistrate Court, Muvattupuzha will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

Safwan

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • P Ubaid