IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Crl.MC.No. 1848 of 2011(E) -------------------------------------- [SC.NO.986/2010 OF II ADDITIONAL ASSISTANT SESSIONS COURT, THRISSUR, CRIME NO.174/2010 OF ERUMAPETTY POLICE STATION, THRISSUR DISTRICT] .................... PETITIONER/IST ACCUSED: ---------------------------------------- MUHAMMED SHEFEEQUE, S/O.SAID, AGED 23 YEARS, KOONANGAL HOUSE, VELLARKKAD VILLAGE, VELLATHOOR DESOM, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, ERUMAPETTY POLICE STATION, THRISSUR DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHAMMED ASHRAF, S/O.MOHAMMED, AGED 36 YEARS, KALLINGALAKATH, VELLARKAD VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. V. MANU, R2 BY ADV. SRI.BENNY VARGHESE (THETTAYIL). THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.1848/2011-E: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A.1: CERTIFIED COPY OF ORDER DTD. 07/01/2011 IN CASE NO. 74/2010 OF JUVENILE COURT, THRISSUR. ANNEXURE A.2: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 174/2010 OF ERUMAPETTY POLICE STATION. ANNEXURE A.3: AFFIDAVIT DTD. 19/01/2011 SWORN BY THE R.2/DEFACTO COMPLAINANT. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1848 of 2011 -------------------------------------- Dated this the 28th day of June, 2011. ORDER Petitioner is the first accused in Crime No.174 of 2010 of Erumapetty Police Station and S.C.No.986 of 2010 of the court of learned II Additional Assistant Sessions Judge, Thrissur for offences punishable under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code (for short, “the IPC”). Prosecution case is that on April 21, 2010 at 4 p.m. petitioner and his brother, the second accused wrongfully restrained second respondent and attacked him with cricket bat. It is alleged that had not the second respondent blocked the blow with his hand it would have fallen on his head and caused his death. Hence offence punishable under Section 308 of the IPC is incorporated. Petitioner requests to quash proceeding against him on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioner, second respondent and learned Public Prosecutor. 2. Learned counsel on both sides confirmed the settlement. Learned counsel for second respondent confirmed authenticity and genuineness of Annexure-3, affidavit sworn by the second respondent. Since the brother of petitioner (second accused) was a juvenile, case against him was tried before the Juvenile Court where he was charged only for offence punishable under Sections 341 and 324 read with Section 34 of the IPC, and as seen from Annexure-A1, Crl.MC No.1848/2011 2 order he was acquitted under Section 320(8) of the Code of Criminal Procedure following a settlement. It is revealed that petitioner is a student and even when the alleged assault is with a cricket bat which indicates that the attack was not the result of any pre-meditation. I have also referred to the circumstances under which Section 308 of the IPC was incorporated in the final report which did not prima facie appeal to the Juvenile Court also. The dispute is amicably settled between parties. In view of the settlement, a trial of petitioner is not required and is not useful. In the circumstances I am inclined to accept the settlement between the parties. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.174 of 2010 of Erumapetty Police Station, cognizance taken thereon and proceeding against petitioner/first accused in S.C.No.986 of 2010 of the court of learned II Additional Assistant Sessions Judge, Thrissur are quashed. THOMAS P.JOSEPH, Judge. cks