Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY,THE25H DAY OF APRIL20145TH VAISAKHA, 1936 Crl.MC.No. 2196 of 2014 () --------------------------- CRIME NO. 146/2011 OF ARANMULA POLICE STATION, PATHANAMTHITTA ------------------------- PETITIONERS/ACCUSED1- 5 : ---------------------------------------------- 1. GURUPRAKASH, AGED24YEARS S/O. SELVI, GURUVARAM HOUSE, NERA S.D.COLONEY KAINAVILA VILLAGE, AMBALAPUZHA TALUK.
2. ASHIKH, AGED24YEARS S/O. RAJ, PUTHENPARAMBIL HOUSE, DISTRICT COURT WARD MULLACKAL VILLAGE, AMBALAPUZHA TALUK ALAPPUZHA DISTRICT.
3. BALUCHANDRA, AGED24YEARS S/O.RAMACHANDRAN, PUTHENVEETTIL HOUSE, CHINA MUKKU MANDIRAM MURI, KONNI VILLAGE, PATHANAMTHITTA DISTRICT.
4. NIBU VARGHESE, AGED24YEARS S/O.THOMAS VARGHESE, POONAMPALLIL, SVS KOZHIKODU P.O., KARUNAGAPALLY, KOLLAM DISTRICT.
5. JUBIN OOMMEN JOSEPH, AGED24YEARS S/O. JOSEPH, KIZHKKETHI HOUSE, PARIYARAM MURI ELATHOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADVS.SRI.K.N.RADHAKRISHNAN (THIRUVALLA) RESPONDENTS/STATE, DEFACTO COMPLAINANT : -------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTD BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. VISHNU MOHAN, AGED24YEARS S/O.MOHANKUMAR, VENGAZHA HOUSE, KALIYAGAVU EZHUMATTOOR VILLAGE, PATHANAMTHITTA DISTRICT PIN-689645. R1 BY PUBLIC PROSECUTOR SRI. ABHIJETT LESSLI R2 BY ADV. SRI.S.MOHANAKUMARAN NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2504-2014, ALONG WITH CRL. M.C. NO. 2205/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 2196 of 2014 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES : -------------------------------------------- ANNEXURE1COPY OF FIR AND CHARGE IN CRIME NO.146/2011 OF ARANMULA POLICE STATION PENDING AS C.C.NO.258/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-I, PATHANAMTHITTA. ANNEXURE-2 AFFIDAVIT SWORN BY THE2D RESPONDENT DATED74.14. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn A.M.SHAFFIQUE, J * * * * * * * * * * * * * Crl.M.C.Nos.2196 of 2014 & 2205 of 2014 ---------------------------------------- Dated this the 25th day of April 2014 ORDER
Crl.M.C.No.2196 of 2014 arises out of crime No.146 of 2011 of Aranmula Police Station. The offences alleged are under Sections 143, 147, 148, 149, 323 and 234 I.P.C. The allegation is that petitioners have assaulted the 2nd respondent. The case had been charge sheeted by the police as C.C.No.258 of 2011 and is pending before the Judicial First Class Magistrate Court-1, Pathanamthitta.
2. Crl.M.C.No.2205 of 2014 arises out of crime No.145/2011 of Aranmula police station. The offences alleged are similar to the above case and had been charge sheeted as C.C.No.257 of 2011 and is pending before the Judicial First Class Magistrate Court-1, Pathanamthitta. C.C.No.257 of 2011 is counter to the case referred as C.C.No.258 of 2011. Crl.M.C.Nos.2196 & 2205 of 2014 2 3. The petitioners in both these cases were students of Mount Zion Engineering College, Pathanamthitta and the incident happened on account of some disputes between the students while they were studying in the college. Now the students have completed their course and they do not want to proceed with either of the cases and the disputes between them are settled.
4. Having regard to the aforesaid factual situation, I am of the view that these petitions can be allowed applying the judgment of the Supreme Court in Gian Singh v. State of Punjab. In the result, these petitions are allowed quashing Annexure A2 final report pending as C.C.No.257/2011 and Annexure A1 final report pending as C.C.No.258 of 2011 before the Judicial First Class Magistrate Court-1, Pathanamthitta. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr