IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Crl.MC.No. 1080 of 2011() ------------------------------------- C.P.NO. 193/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS, KASARAGOD CRIME NO.915/2009 OF KASARAGOD POLICE STATION .................... PETITIONER(S): ACCUSED 1 AND 2 --------------------------------------------------- 1. MUHAMAD RAFEEK, AGED ABOUT 31 YEARS, S/O. IBRAHEM, 55 MAIL, CHATAMCHAL, THEKKIL VILLAGE, KASARAGOD. 2. MUHAMMED HANEEF ALI AGEE ABOUT 26 YEARS, S/O. AMU @ AHAHMMED, PUTHARIYATAKAM ROAD, CHATAMCHAL, THEKKIL VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): STATE ------------------------------------- 1. REMESHAN.T, AGED ABOUT 36 YEARS, S/O.MAILAN, PUTHIRIYADUKAM HOUSE, THEKKIL VILLAGE, KASARAGOD.PIN- 671 323 2. SHIVARAMAN, S/O. MAILAN, PUTHIRIYADUKAM HOUSE, THEKKIL VILLAGE, KASARAGOD.PIN-671 323 3. KRISHNAN.C, S/O. MAILAN, PUTHIRIYADUKAM HOUSE, THEKKIL VILLAGE, KASARAGOD.PIN-671 323 4. STATE OF KERALA, REPRESENTED BY SHO KASARAGOD POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY ADV. SRI.SIJU MATHEW R4 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1080 of 2011 -------------------------------------- Dated this the 8th day of April, 2011. ORDER Petitioners are accused 1 and 2 in Crime No.915 of 2009 of Kasaragod Police Station and C.P.Nos.193 of 2010 and 31 of 2011 of the court of learned Judicial First Class Magistrate-I, Kasaragod. Petitioners request to quash proceeding against them on the strength of a settlement reached with respondents 1 to 3/defacto complainant and injured. 2. Case is that on 15.12.2009 at about 9 p.m. petitioners assaulted respondents 1 to 3 and insulted respondent No.1 in public view calling caste name. The Police registered the above said crime for offences punishable under Section 323 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short, “the Act”). Investigation resulted in a final report based on which committal proceedings are initiated by learned Judicial First Class Magistrate-I, Kasaragod since offence under Section 3(1)(x) of the Act is exclusively triable by a court of Session. Learned counsel for respondents 1 to 3 also request to quash proceeding against petitioners on the strength of the settlement . I have heard learned counsel for petitioners, respondents 1 to 3 and the learned Public Crl.MC No.1080/2011 2 Prosecutor. Learned Public Prosecutor submitted that the Investigating Officer has contacted respondents 1 to 3 over telephone and got information that they have settled the dispute with petitioners. 3. Learned counsel for petitioners and respondents 1 to 3 have confirmed the settlement and authenticity of the joint petition signed by the respective parties and their counsel. That joint petition shows that dispute is settled. Since the dispute is personal to and between petitioners and respondents 1 to 3 and that the dispute is settled I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.915 of 2009 of Kasaragod Police Station, cognizance taken thereon and proceedings against petitioners in C.P.Nos.193 of 2010 and 31 of 2011 of the court of learned Judicial First Class Magistrate-I, Kasaragod are quashed. THOMAS P.JOSEPH, Judge. cks