IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Crl.MC.No. 408 of 2011() ------------------ LP.15/2010 & C.P 27/2010 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .............. PETITIONER / 5TH ACCUSED : -------------------------------------------- MANJUNATH, S/O.RAMAN, AGED 26 YEARS, PUTHUKUDIKUNNUMPURATH HOUSE, KADAMBOOR AMSOM AND DESOM. BY ADVS. SRI.SHAIJAN C.GEORGE SMT.S.REKHA KUMARI SRI.ABHISHEK KURIAN RESPONDENTS / COMPLAINANT : ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. K.T.ARUNKUMAR, S/O.SASIKUMAR, AGED 20 YEARS, KAPPANATHAZHE HOUSE, KADAMBOOR AMSOM AND DESOM, THALASSERY-679 515, KANNUR. 3. K.T.ANOOPKUMAR, AGED 18 YEARS, S/O.SASIKUMAR, KAPPANATHAZHE HOUSE, KADAMBOOR AMSOM & DESOM, THALASSERY-679 515, KANNUR. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R2 & R3 BY ADV. SRI.C.P.PEETHAMBARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P. JOSEPH,J. ........................................... CRL.M.C.NO.408 OF 2011 ............................................. Dated this the 28th day of February, 2011. O R D E R Petitioner is the 5th accused in Crime No.75/2009 of Edakkad Police Station and L.P.No.27/2009 of the court of learned Additional Chief Judicial Magistrate, Thalalssery for offences punishable under Sections 143, 147,148, 448,341,323 and 324 read with Section 149 of IPC. The police after investigation submitted final report against six accused including petitioner . Of them A1 to A4 and A6 faced trial. All the non official prosecution witnesses examined refused to support the prosecution and hence those accused were acquitted by Annexure-C judgment under Section 248 (1) of the Code of Criminal Procedure. The case against petitioner was refiled as C.C.No.27/2010 and since he was not available (according to the petitioner as he was abroad), case was included in the L.P register as L.P.No.15/2010. Petitioner filed Crl.M.C.Nos.3856 and 3857 of 2010 in this Court to quash proceedings against him in : 2 : CRL.M.C.NO.408 OF 2011 view of acquittal of other accused and the nature of evidence given by the witnesses in that case. This Court by Annexure-D order permitted petitioner to withdraw the petitions with liberty to file fresh petitions after settlement of the dispute with the injured. Accordingly those petitions were dismissed as withdrawn. 2. Petitioner states that he has settled the case with respondent Nos.2 and 3 - the injured, who have filed a compounding petition and affidavit. R3 has appeared through the counsel. I have heard the learned counsel and the Public Prosecutor. Learned Public Prosecutor after getting instructions submitted that parties have settled the dispute. 3. Case is that on 06.04.2009 at about 1.30 p.m petitioner, A1 to A4 and A6 due to political enmity assaulted respondents 2 and 3 with weapons. It is seen that petitioner had approached this Court on an earlier occasion to quash proceedings, but he was permitted to withdraw the said petitions without prejudice to file a fresh petition after settling the dispute. Accordingly petitioner has settled the dispute and approached this Court. Hence I : 3 : CRL.M.C.NO.408 OF 2011 am inclined to entertain this petition. 4. It is revealed from the petition to compound the offence, which is signed by petitioner, respondent Nos.2 and 3 and their counsel and the affidavit of respondent No.2 sworn before Consular of Consulate General of India, Jeddah on 25.01.2011 that the dispute is settled between petitioner and respondents 2 and 3. In that situation the case even if it goes for trial can only have the same fate as seen from Anenxure-C judgment. Hence I am inclined to allow this petition. In the result, this petition is allowed. The final report against the petitioner (accused No.5) in Crime No.75/2009 of Edakkad Police Station cognizance taken thereon against petitioner and the proceedings against him in C.C.No.27 of 2010 and LP 15 of 2010 of the court of learned Additional Chief Judicial Magistrate, Thalassery are quashed. THOMAS P. JOSEPH, JUDGE. cl : 4 : CRL.M.C.NO.408 OF 2011