ASIF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in both the Crl.M.Cs are accused in S.C No.185/2019 and S.C No.1000/2017 on the files of the Sessions Court, Manjeri, arising from out of the same Crime No.604/2013 of Ponnani Police Station. The accused were committed for trial to the Sessions Court at two different times and hence, the two cases. I am told that there is another C.P pending against committal of 9th accused. Both these petitions are filed under Section 482 to quash the entire proceedings as against them.

(2.) Crime No.604/2013 is registered for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 read with Section 149 of IPC. There are two injured de facto complainants who are impleaded in both these Crl.M.Cs as respondent nos.3 and 4. They have entered appearance through counsel and filed affidavits stating that they have no objection is settling the matter with the petitioners and that they are not eager to proceed with the prosecution as against the petitioners. Report also has been obtained Crl.MC.Nos.4120 and 4135/19 from the Investigating Officer to that effect. No purpose will be served by proceeding with the trial of the cases. Even though there is an offence alleged under Section 308 of the IPC, the injuries sustained are not so serious and grave.

(3.) Under these circumstances, these Crl.M.Cs are allowed and the entire proceedings in S.C No.185/2019 and S.C No. 1000/2017 pending on the files of the Sessions Court, Manjeri, as against the petitioners in these Crl.M.Cs stand quashed under Section 482 of Cr.P.C and they shall be discharged.