VISHNU V. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in S.C. No. 454 of 2018 on the file of the Assistant Sessions Court, Punalur, the genesis of which is the final report in crime No. 1249 of 2013 of Ezhukone Police Station. The allegation is that on 26/7/2013 , in connection with the harthal called by R.S.S/B.J.P. workers, they had destroyed the flags and decorations of the C.P.I(M). The petitioner was trying to take video of these actions. When it was questioned by CW1, he was assaulted and injured using a sword; if the attack with the sword was not evaded with his right hand, it would have turned fatal to his life. Thus he was caused grievous hurt, besides attempt to commit culpable homicide not amounting to murder was committed. It is contended that since the matter is settled with the de facto complainant/the second respondent, entire proceedings are sought to be quashed.

(2.) I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

(3.) The learned Senior Public Prosecutor submits that the second respondent is abroad, but he has given intimation through whatsapp that the matter is settled and that his wife also gave a statement to that effect. The injury sustained to the second respondent is not serious in nature and by settlement, no public interest is hampered. Therefore, there is no legal impediment in quashing the proceedings.