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No public interest is involved and offences alleged are minor in nature hence entire proceedings initiated against the petitioners are quashed : High Court of Kerala

Petitioners were juveniles in conflict with law at the time of the commission of the crime and since no public interest is involved and offences alleged are minor in nature, entire proceedings initiated against  are quashed was upheld by High Court of Kerala through learned bench led by HONOURABLE MR. JUSTICE K.HARIPAL in the case of MUHAMMED HANEESH vs. THE SUB INSPECTOR OF POLICE (CRL.MC NO. 877 OF 2022) on 18th March, 2022.

Brief facts of the case are that Petitioners are the accused in Crime No.678/2013 of Vidya Nagar police station in Kasaragod registered on 13.11.2013 alleging offence under Sections 143, 147, 341, 323 and 294(b) read with Section 34 of the IPC. The crime was registered on the first information furnished by the 3rd respondent, who was undergoing treatment in Kasaragod Carewell hospital.  The allegation against the petitioners is that on 12.11.2013 at 15:30 hours, along with the juveniles in conflict with law and about nine identifiable persons had formed an unlawful assembly and in prosecution of their common object, wrongfully restrained respondents 2 and 3, manhandled them and also abused them and thus committed the above stated offences.

Learned counsel for petitioner submits that the affidavits filed by respondents 3 and 4 indicate that the matter is settled in the presence of respectable mediators and they do not want to continue the proceedings. They have no objection in quashing the proceedings also.

The wound certificates in respect of respondents do not suggest that they had sustained serious injuries in the occurrence, in the view of facts and circumstances the court stated since no public interest is involved and offences alleged are minor in nature, entire proceedings initiated against the petitioners pursuant to the registration of Crime No.678/2013 of Vidya Nagar police station are quashed .

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Judgment reviewed by – Amit Singh

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