ROSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of the Cr.P.C. seeking to quash the entire proceedings in S.C. No. 1065 of 2019 on the file of the Additional Sessions Judge-IV, Palakkad which arose from Crime No. 809 of 2016 of Mannarkkad police station.

(2.) The alleged incident had happened on 3/12/2016 at 21.30 hours. It is alleged that at the temporary bus waiting shed at Pallikkunnu in Mannarkkad, the accused persons, eight in number had formed an unlawful assembly and in prosecution of their common object, moved in three motorcycles while the CW1, the 2nd respondent was sitting in the bus shelter talking with his friends; the accused questioned him, then with the intention of causing his death, attacked with a knife on his head; as he twisted the head, the attack hit on the back of the head and he sustained injuries. The 2nd accused stabbed on his left knee joint and the other accused persons attacked him with iron sticks and wooden sticks and caused him injuries. On conclusion of investigation, charge sheet has been laid before the Judicial First Class Magistrate's Court, Mannarkkad, and then the case was committed thus reached the trial court. Petitioners now contend that the matter is settled and therefore entire proceedings are sought to be quashed under Sec. 482 of the Cr.P.C.

(3.) I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor who has confirmed the settlement.