MUHAMMED NAZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in S.C. No. 215 of 2019 on the file of the Assistant Sessions Court, Kasaragod which originated from the final report in Crime No. 646 of 2017 of Kasaragod police station where offences under Ss. 143, 147, 148, 341, 323, 324, 506(ii), 308 read with Sec. 149 of the IPC are alleged against the accused persons, ten in number.

(2.) The allegation is that on 23/7/2017 at 12.30 hours, at Thalankara old harbour and then around the premises of Malik Dinar hospital, accused persons along with some identifiable persons formed an unlawful assembly and in prosecution of their common object, owing to the reason that CW1 Sanal had taken a lady of a different community in a car, the 1st accused wrongfully restrained and intimidated that he would be killed; 2nd accused beat him with a wooden reaper, a dangerous weapon and caused him injuries; accused Nos. 3 and 4 assaulted him with iron rods. Now the final report has been laid with the above-stated allegations and the case is pending before the Assistant Sessions Court. It appears that the trial has already commenced. Petitioners have moved this Court seeking to quash the proceedings on the ground of settlement reached with the 2nd respondent.

(3.) I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor who seriously opposed the application for settlement.