B.SUNESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case arises from Crime No.360/2012 of Hosdurg police station, Kasaragod District for offences punishable under Sections 143, 147, 148, 427, 294(b), 448, 506(i), 153 read with Section 149 of the IPC.

(2.) The prosecution allegation emerging from the records and connected cases is that, on 19.04.2012, there was an unfortunate incident, in which, the house of one person was set on fire and damage was caused. Alleging that it was at the instigation of members belonging to other community and that it was calculated to incite communal feelings, rumours were spread among the public which resulted in a series of incidents, by which, damages were caused to building, properties and persons of both communities. On the basis of the complaint lodged by each of the de facto complainant, 13 crimes were registered. One was at the instance of the police and all other at the instance of the respective aggrieved persons. It is seen that there are counter cases arising from these individual cases also.

(3.) Since it gave rise to a communal angle and communal tension was prevailing, immediately the local people and the Government machinery stepped in and peace talks were also conducted. It is submitted that a committee by name 'Hosdurg Kadappuram Vikasana Samithi' was constituted with the local RDO, being a member. It is stated that the local S.I. of police was also a signatory to a decision taken by the Samithi to resolve the entire disputes and to give a quietus to the issues. On the basis of that, amounts were collected and the aggrieved persons were reimbursed and financial and other assistance rendered. One of the terms of the agreement as seen from the minutes is to give a quietus to all the litigations pending. Hence, the accused in each of the case has filed separate Crl.M.C with a request to quash the proceedings. The respective de facto complainants have filed separate affidavits in each of the case stating that they have settled the disputes and have no objection in resolving the dispute between the parties.