SWAMI SIVANANDAYOGI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in Crl MC No. 5776/2014 is the accused No. 1, the four petitioners in Crl MC No. 5775/2014 are accused Nos. 2, 4, 6 & 7, the petitioner in Crl MC No. 5773/2014 is accused No. 3 and the sole petitioner in Crl MC No. 5774/2014 is accused No. 5 respectively in Annexure -B FIR in Crime No. 345/2010 of Valanchery Police Station registered for offences under Ss. 143, 147,148, 341, 323, 324, 506(H) & 308 r/w 149 IPC. The brief of the prosecution case is that on 08/11/2010, the aforesaid petitioners had formed themselves into unlawful assembly and in furtherance of their common object had attacked the 2nd respondent -de facto complainant and caused injuries to him and that accused No. 1 had inflicted injury on the head of the de facto complainant using a knife and the other accused persons had kicked and beaten him with hands and that if the 2nd respondent had not evaded, death could have resulted etc. The police after investigation submitted Annexure -C Final Report/charge -sheet in the above said crime. The case against the sole petitioner in Crl MC No. 5776/2014 is now pending as SC No. 49/2013 on the file of the Additional Sessions Court -II, Manjeri. The case against the four petitioners in Crl MC No. 5775/2014 is pending as SC No. 378/2011 on the file of the Additional Sessions Court -II, Manjeri. The case against the petitioner in Crl MC No. 5773/2014 is pending as SC No. 445/2013 on the file of the Additional Sessions Court -II, Manjeri and the case against the petitioner in Crl MC No. 5774/2014 is pending as CP No. 41/2013 on the file of the Judicial First Class Magistrate Court, Tirur. It is pointed out that the accused persons and the 2nd respondent -de facto complainant are residents of the same locality and that there was earlier incident of attack between two rival groups in connection with election to the Local Self Government Institutions. Police investigation is also pending in that incident. It is alleged that political animosity of the earlier incident is the motive behind the present incident which led to the impugned crime. In view of the recurrence of the incident elders in the society including political leaders and respectable personalities of the locality intervened in the matter so as to bring harmony among the rival political groups. The petitioners (accused) and the 2nd respondent are now fully convinced of the necessity to keep cordial relationship among them so as to lead a peaceful life in the locality and continuance of the impugned criminal proceedings in this case will not in any way help the peace and harmony attained through such negotiations. Both parties have agreed to settle all their disputes and that the 2nd respondent has no objection in the quashment of the impugned criminal proceedings against the petitioners. Annexure -D is the affidavit sworn to by the 2nd respondent -de facto complainant in all these cases. It is also pointed out that there was some other connected matters in which the petitioners were complainants and the rival group members were the accused and that in order to secure peace and harmony in the locality Government have issued direction for granting permission for withdrawal of those pending cases. It is in the light of these aspects that the petitioners have filed these Crl MCs seeking quashment of the impugned criminal proceedings. Heard Sri. P. Venugopal, learned counsel for the petitioners in all the Crl MCs and Sri. M. Revikrishnan, learned counsel appearing for the 2nd respondent in all these cases and the learned Public Prosecutor appearing for the State of Kerala.

(2.) Petitioners have also made available a copy of the Government Letter No. 59522/L4/11/Home dated 04/05/2012 issued by Government of Kerala, Home (L) Department wherein Government has given permission for withdrawal of some of the criminal cases which are said to be connected with the tensions between these two rival groups and in some cases the group of the petitioners was said to be the complainants and the de facto complainant's group are stated to be the accused etc. The prosecution has pointed out that the accused in the present impugned Annexure -C crime is also the accused in Crime No. 336/2010 of Valanchery Police Station and in Crime No. 338/2010 of Valanchery Police Station and that the accused 5 & 6 in the present crime are also accused in Crime No. 338/2010 etc. A copy of the above said Government Letter No. 59522/L4/11/Home reads as follows:

(3.) It is pointed out that CC No. 260/2008 on the file of the Judicial First Class Magistrate Court, Tirur arising out of Crime No. 183/2008 is not directly connected with the present petitioners. It is pointed out that in CC No. 933/2010 on the file of the Judicial First Class Magistrate Court, Tirur (arising out of Crime No. 337/2010) the petitioners are the complainants and injured and that the matter was settled and that prosecution witnesses have turned hostile and the accused persons were acquitted. In the counter case referred to above in CC No. 854/2010 on the file of the above said Magistrate Court (arising out of Crime No. 336/2010) the petition for withdrawal of the prosecution is to be moved by the Assistant Public Prosecutor concerned immediately. In CC No. 1596/2011 of the same Court (arising out of Crime No. 362/2010), the petitioners are the complainants and the injured and due to the above settlement, the matter was settled and the prosecution witnesses have turned hostile and accused belonging to the rival groups were acquitted. In CC No. 934/2010 of the same Court (arising out of Crime No. 338/2010), the case against some of the accused was settled. The prosecution witnesses turned hostile and the accused persons were acquitted and the case as against one accused was split up as he was abroad and is pending as CC No. 2041/2014. Learned counsel for the petitioner submits that all these cases and counter cases involving respective impugned crime as well as the other related crimes referred to in the Government Letter arose out of political rivalry and disputes between the two political parties viz., Muslim League and Peoples Democratic Party (PDP) and even the Government was convinced that the need for securing peace and harmony by granting permission for withdrawal of prosecution as referred to above.