IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Crl.MC.No. 4178 of 2010() ------------------------- CC.1356/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM CRIME NO.708/2008 OF KONDOTTY POLICESTATION .................... PETITIONER(S): PETITIONERS/ACCUSED NOS.1 TO 4 AND 6: ---------------------------------------------------- 1. M.K.PRIYESH, S/O.P.SOMASUNDARAN, KANAKALAYAM HOUSE, KUZHIMANNA P.O., MALAPPURAM DISTRICT. 2. C.HARIDAS, S/O.KESAVA PANICKER, PUTHRATHODI HOUSE, KUZHIMANNA P.O, MALAPPURAM DISTRICT. 3. NARAYANAN P., S/O.VISHNU NAMBOODIRI PALAKKAL ILLAM, VILAYIL P.O., KUZHIMANNA, MALAPPURAM DISTRICT. 4. VIJAYAN PATHOOR, S/O.VELAYUDHAN, ANAKKAT KUNDIL HOUSE, MUTHANUR WEST, THRIPPANACHI P.O., MALAPPURAM DISTRICT. 5. K.GOPALAKRISHNAN, S/O.NARAYANAN (LATE), KURUPPINKANDI HOUSE, KUZHIMANNA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE & DEFACTO COMPLAINANT & INJURED: ----------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SUNNY DAVID, S/O.MARKOSE, MUNDAKKAL HOUSE, PULIKKAL KAVALA, VAZHOOR, KOTTAYAM DISTRICT-686 504. CRL.MC NO.4178/2010 2 3. RAJAN, S/O.CHANDRAN PANIKAR, NECHIKKATTIL HOUSE, KUZHIMANNA AMSOM KUZHINJOLAM, MALAPPURAM DISTRICT, PIN-673 641. 4. SURESH, S/O.KOTTAN, PULAKKATHADYIL HOUSE, KUZHIMANNA, KUZHINJOLAM, MALAPPURAM DISTRICT, PIN-673 641. ADV. SMT.M.T.SHEEBA FOR R2 TO R4 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4178 of 2010 -------------------------------------- Dated this the 9th day of February, 2011. ORDER Petitioners are accused Nos.1 to 4 and 6 in C.C.No.1356 of 2008 of the court of learned Judicial First Class Magistrate, Malappuram arising from Crime No.708 of 2008 of Kondotty Police Station for offences punishable under Sections 143, 147, 448, 323, 294(b), 506(i) and 153A read with Section 149 of the Indian Penal Code. Prosecution case is that on 04.12.2005 at about 11.30 a.m. petitioners and others forming unlawful assembly entered the church of Pentecostal group alleging that defacto complainant and others are persuading Hindus to convert to Christianity and committed offences as alleged. The Police after investigation submitted Annexure-B, final report. Learned Magistrate has taken cognizance of the above said offences and filed C.C.No.1356 of 2008. In the meantime, accused No.5 expired (I am told by learned counsel for petitioners). Petitioners seek to quash proceedings against them on the strength of a settlement reached with respondent Nos.2 to 4. 2. I have heard learned counsel for petitioners, respondent Nos.2 to 4 and the learned Public Prosecutor. Learned counsel for respondent Nos.2 to 4 and the learned Public Prosecutor after getting instruction have confirmed the fact of settlement. Crl.MC No.4178/2010 2 3. It is seen from Annexures-C to E that the matter is settled between petitioners and respondent Nos.2 to 4. Respondent Nos. 2 to 4 have stated that they do not intent to proceed with the matter further. Since parties have settled the dispute and in view of the harmonious relationship they now have, it is not necessary to disturb that by allowing the proceeding to be continue. Moreover, in view of the settlement there is no possibility of a successful culmination of the prosecution. Hence I am inclined to allow this petition. Resultantly this petition is allowed. The final report in Crime No.708 of 2008 of Kondotty Police Station, cognizance taken thereon and proceedings in C.C.No.1356 of 2008 of the court of learned Judicial First Class Magistrate, Malappuram against petitioners/accused Nos.1 to 4 and 6 are quashed. THOMAS P.JOSEPH, Judge. cks