IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 512 of 2011() ----------------------------------- CC.27/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): PETITIONER ------------------------------------------ 1. ANIL.K.P,S/O.PETER,AGED 33 YEARS, KOTTAPARAMBIL,MUNAMBAM.P.O,PALLIPORT, ERNAKULAM-683515. 2. ABHILASH,AGED 33 YEARS,S/O.SUDHAKARAN, CHALATHALAKKAL HOUSE,PERUNGANMAL,KALLIYOOR VILLAGE,THIRUVANANTHAPURAM. 3. DON SEBASTIAN,S/O.SEBASTIAN PAUL, MOONGAPPILLI HOUSE,60/721,ST.FRANCIS XAVIOURS CHURCH ROAD,KALOOR,ERNAKULAM. 4. SANILKUMAR.M.V,AGED 33 YEARS, S/O.VASUKUTTY,MADAYANGAL HOUSE,ARATTUKADAVU, NEAR KUMARANELLOOR VILLAGE,KOTTAYAM. BY ADV. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENT(S): RESPONDENTS --------------------------------------------------- 1. STATE OF KERALA,REP.BY ITS GOVERNMENT PLEADER,HIGH COURT OF KERALA, ERNAKULAM 682 031. 2. THANKDURAI,AGED 67 YEARS,S/O.MAYANDI THEVAR,RESIDING AT KARUNYA HOUSE,T.C.24/500-01, RESIDENTIAL ROAD,TYCATT WARD,CHEGAZHASSERY VILLAR, THIRUVANANTHAPURAM- 690006. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.RAJESH. K.RAJU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.512 of 2011 ==================================== Dated this the 04th day of March, 2011 O R D E R Petitioners who were students of Journalism at the relevant time are accused in Crime No.35 of 2001 of Kazhakkottam Police Station and C.C. No.27 of 2009 of the court of learned Judicial First Class Magistrate-II, Attingal for offences punishable under Sections 341, 451, 332 and 294(b) read with Section 34 of the Indian Penal Code. Case is that on 07.02.2001 at about 1.15 p.m. petitioners and others trespassed into the room of respondent No.2/C.W.1 where he was engaged in official duty assaulted him and used obscene words at him and obstructed him from discharging his official duty. Police after investigation submitted final report. Petitioners seek to quash proceeding against them on the strength of a settlement between them and respondent No.2. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 2. Learned counsel for second respondent has confirmed the settlement and authenticity of signature of second respondent in Crl. M.A. No.1005 of 2011, the petition for compounding the CRL.M.C. No. 512 of 2011 -: 2 :- offence. Learned Public Prosecutor after getting instruction submitted that respondent No.2 has forgiven petitioners since the latter are his students and he does not want to proceed further in the matter. 3. It is seen from Crl. M.A No.1005 of 2011 that petitioners and respondent No.2 have settled the dispute. Though offences included non-compoundable offence also in the nature of the settlement reached with the second respondent and in view of his stand that he has forgiven petitioners I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-2, final report in Crime No.35 of 2001 of Kazhakkottam Police Station, cognizance taken thereon and proceeding against petitioners/accused Nos.1 to 4 in C.C. No.27 of 2009 of the court of learned Judicial First Class Magistrate-II, Attingal are quashed. THOMAS P. JOSEPH, JUDGE. vsv