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2025 DIGILAW 1095 (KER)

Jishnu Thampi S/o Thampi v. State of Kerala

2025-04-22

C.PRATHEEP KUMAR

body2025
ORDER : 1. This is a petition filed under Section 528 of B.N.S.S., by the accused Nos. 1 to 8 in Crime No.448 of 2019, Thrikkunnappuzha Police Station, Alappuzha, which is pending as S.C No.1122 of 2022 on the file of Assistant Sessions Court, Mavelikkara. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 341, 294(b), 323, 324, 341, 427, 452, 354, and 308 of Indian Penal Code. 2. The prosecution case is that on 05.04.2019, around 7:00 PM, they formed themselves into an unlawful assembly, wrongfully restrained the de facto complainant and his friends, and attacked them with dangerous weapons. It is also alleged that if the blow inflicted against the charge witness No.2 was not blocked, the same would have resulted in fatal injury as well as to his death. 3. According to the petitioners, the dispute has been settled with the de facto complainants and all of them agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them. 4. The de facto complainants filed affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have no further grievance against the petitioners. 5. Learned Public Prosecutor also submitted, after getting instruction, that the dispute has been settled between the parties and hence further proceedings in the case can be quashed. There is also no serious criminal antecedents against the petitioners. 6. Considering the fact that the offences involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainants, this is a fit case in which further proceedings can be quashed by invoking the inherent power of this court. In the result, This Crl. M.C is allowed. All further proceedings in S.C. No.1122 of 2022 on the file of Assistant Sessions Court, Mavelikkara arising from Crime No.448 of 2019 of Thrikkunnappuzha Police Station, is quashed.