AJAYAN Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioners in Crl.M.C. No.1266/2018 are the accused Nos.1 and 3 to 6 in Crime No.709/2009 of Kayamkulam Police Station, initially registered under Sections 326, 324, 323, 427, 342 and 308 IPC read with Section 34 IPC, the petitioner in Crl.M.C. No.1271/2018 is the 2nd accused therein, and the petitioner in Crl.M.C. No.1264/2018 is the 7th accused in the said crime. The two victims of offence in the crime belong to Scheduled Caste. They were assaulted and attacked by the accused, according to the prosecution, in connection with some other dispute between them, and the accused inflicted simple and grievous injuries on their body, with the knowledge of consequence that the injuries may cause death.

(2.) There is nothing in the FIR to constitute any offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short, 'the SC/ST Act), or to apply section 3(2) (v) of the SC/ST Act to the given facts. Any way, after investigation, the police submitted final report against the seven accused under Sections 143, 147, 148, 342, 327, 323, 324, 326 and 308 IPC read with Section 149 IPC, and also read with section 3(2)(v) of the SC/ST Act. The provisions of the SC/ST Act are applied only as against the accused Nos.1 to 6 because the 7th accused belongs to Scheduled Caste. The accused now seek orders quashing the prosecution against them on the ground of amicable settlement of the whole dispute out of court.

(3.) The case against the accused Nos.1 and 3 to 6 is now pending as S.C.97/2011 before the Court of Session, Alappuzha, the case against the 2nd accused stands already split up, re-filed, and later transferred to the Register of Long Pending Cases before the committal court (Judicial First Class Magistrate Court, Kayamkulam) as L.P.117/2011, and the case against the 7th accused is now pending as S.C.98/2011 in the Court of Session, Alappuzha. The case against the 2nd accused happened to be split up and re-filed when he remained consistently absent before the trial court. The respondents 2 and 3 in these proceedings are the two victims of offence. Of them, the 2nd respondent is the first informant. The victims have filed affidavit to the effect that the whole dispute stands settled amicably out of court, and they have no grievance or complaint now.