IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 782 of 2011() 1. BIJIL,S/O.BALAKRISHNAN, Petitioner Vs 1. STATE OF KERALA, Respondent 2. DINIL KUMAR, For Petitioner :SRI.R.T.PRADEEP For Respondent :SRI.SAIJO HASSAN The Hon'ble MR. Justice [ENTITY] Dated :17/05/2011 O R D E R [ENTITY], J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 782 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of May, 2011 O R D E R
This is a petition filed by the first accused in [CASE NUMBER] of Neyyattinkara Police Station to quash Annexure-I F.I.R. and all further proceedings pursuant thereto, as the matter has been settled between the parties.
2. The allegation against the petitioner/first accused was that on February 11, 2009 at about 8.15 p.m. he along with the second accused attacked the de facto complainant and caused injuries to him and thereby accused 1 and 2 committed offences punishable under [SECTION], [SECTION] and [SECTION] with [SECTION] [ACT].
3. It is alleged in the petition that the petitioner and second respondent/de facto complainant are neighbours and they have settled the matter and that Annexure-I F.I.R. and all further proceedings connected therewith, may be quashed.
4. Notice given to the P.P. Adv. Sri.[ENTITY] appears for the second respondent/de facto complainant. He has also submitted that the matter has been settled between the parties. An affidavit sworn to by the second respondent in this regard is produced as Annexure-IV in this petition.
5. The Apex Court has held in B.S. Joshi V. State of Haryana (2003(2) KLT 1062 (SC and also in Madan Mohan Abbot V. State of Punjab (2008 (3) KLT 19 (SC that though the offences alleged against the petitioner were non- compoundable and if the parties had settled the matter and it was not in the interest of justice to continue the prosecution, the entire proceedings can be quashed, exercising the powers under [SECTION] of [ACT] In the present case the petitioner has settled the matter with the second respondent/de facto complainant. Out of the offenses alleged against the petitioner and second accused, the offence punishable under [SECTION] is non- compoundable. The offences punishable under [SECTION] and [SECTION] are compounded. Therefore no useful purpose will be served in keeping the case pending. In the light of the principles laid down in the above decision and in the light of Annxure-IV affidavit filed by the second respondent, I feel that the entire proceedings in Annexure-I F.I.R. can be quashed.
6. In the result, this petition is allowed. Annexure-I F.I.R. which relates to [CASE NUMBER] of Neyyattinkara Police Station and all further proceedings connected therewith are hereby quashed.
[ENTITY], JUDGE .