Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Sumith

High Court Of Kerala|18 November, 2014
|

JUDGMENT / ORDER

The petitioners herein are the six accused in S.C No.458/2010 before the court of Session, Pathanamthitta. The incident that led to the registration of the crime under Sections 143, 144, 147, 148, 149, 341, 323, 324, 427 of IPC is a fight between two student fractions in connection with some disputes between them. In the said incident some students sustained injuries and the school bus was also damaged. On the complaint of the bus driver the police registered the crime, and submitted final report. Now the petitioners seek orders quashing the prosecution on the ground that they and the de facto complainant, and also the injured students have amicably settled the dispute out of court. The case happened to be committed to the court of Session as Special Court, because two of the students who sustained in the alleged incident were Juveniles on the date of incident. Now all the students have attained majority. They and the de facto complainant (owner of the bus) who preferred complaint are the respondents 2 to 5 in this proceeding. They have filed affidavit to the effect that the whole Crl. M.C No. 6496 of 2014 2 dispute stands settled and resolved, and that they have no complaint or grievance. It is submitted that the owner of the bus stands compensated properly, and that the injured students who were minors at that time have presently no complaint or grievance. The affidavit of the respondents 2 to 5 is acceptable, and I find a real and genuine settlement in this case between the parties. I find that the prosecution can be quashed in the circumstance of an amicable settlement, in view of the decisions of the Hon'ble Supreme Court. In the result, this petition is allowed. The prosecution against the petitioners in S.C No.458/2010 of the Court of Session, Pathanamthitta will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Sumith

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • P Ubaid
Advocates
  • K S Jishnu Ram
  • Chikku
  • S O Kumarakurup