IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.MC.No. 311 of 2011() ---------------------------------- CP.NO.159/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, HOSDURG -------------------------------------- PETITIONER(S): ACCUSED 1-3 --------------------------------------------- 1. MUHAMMED NIJAS A., AGED 19 YEARS, S/O.AFSAL V., NOORIES HOUSE, OLAVARA, SOUTH TRIKARIPUR, P.O.OLAVARA, KASARAGOD DISTRICT. 2. NOUFAL V., AGED 20 YEARS, S/O.USSAINAR A., NOORIES HOUSE, OLAVARA, SOUTH TRIKARIPUR, P.O.OLAVARA, KASARAGOD DISTRICT. 3. MAHROOF M., AGED 21 YEARS, S/O.MUHAMMEDALI, MADAMBILLATH HOUSE, ULIYATH, SOUTH TRIKARIPUR, P.O.OLAVARA, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH SMT. SHAZIA SULTHANA.M. RESPONDENT(S): STATE & DEFACTO COMPLAINANT/CW1 ------------------------------------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL MAJEED K., AGED 25 YEARS, S/O.AALIKKUNHI, KATTUR HOUSE, OLAVARA, SOUTH TRIKARIPUR, P.O.OLAVARA, KASARAGOD DISTRICT. PIN- 671 121 R1 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR R2 BY ADV. SRI.TOJAN J. VATHIKULAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.311 of 2011 --------------------------------------- Dated this 10th day of February, 2011 ORDER Petitioners are the accused in Crime No.317 of 2010 of Chandera Police Station for offences punishable under Secs.323, 324 and 308 r/w Sec.34 of the Indian Penal Code. Prosecution case is that on 26.05.2010 at about 10.45p.m petitioners and the 4th accused (who being a juvenile at the relevant time, final report against him was preferred in the Juvenile Justice Court) assaulted the second respondent with knife and stone, voluntarily caused hurt and attempted to cause his death. It is alleged that 4th accused aimed knife on the neck of the second respondent, the latter evaded it, the knife fell on his head and thus caused injury. Annexure-I is the FIR and Annexure-II is the final report. Petitioners seek to quash proceedings against them on the strength of Annexures-3 and 4, agreement between petitioners and second respondent and the affidavit of the latter. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Learned counsel for second respondent has confirmed Annexures-3 and 4, agreement and settlement. Learned Public Crl.M.C.No.311 of 2011 -: 2 :- Prosecutor after getting instruction has submitted that the matter has been settled and that the investigating officer has recorded the statement of second respondent which also is to the same effect. 3. It is true that offence punishable under Sec.308 of the Penal Code is also included in the final report. The knife is said to have been used by the 4th accused (juvenile). While considering whether this court is required to interfere under Sec.482 of the Code of Criminal Procedure in view of the agreement and settlement reached between the parties, I must also bear in mind the motive behind the alleged incident. The motive alleged is that while the 4th accused was coming from the Mosque, the second respondent allegedly tried to have unnatural sex with him and caught hold of the 4th accused. When he screamed petitioners reached the place and thereon the incident occurred. I am told that petitioners are college students. Learned counsel for petitioners submit that petitioners are not involved in any other case. It is seen from Annexures-3 and 4 that the matter has been settled between the parties. In view of that settlement and since there is no possibility of a successful prosecution I am inclined to allow the petition. Crl.M.C.No.311 of 2011 -: 3 :- Resultantly this criminal miscellaneous case is allowed and Annexures-1 and 2, FIR and final report in Crime No.317 of 2010 of Chandera Police Station, cognizance taken thereon against petitioners and proceeding in C.P.No.159 of 2010 of the court of learned Judicial First Class Magistrate-I, Hosdurg against them are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-