IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Crl.MC.No. 1203 of 2011() ------------------------------------- CRIME NO.125/2011 OF ALAPPUZHA SOUTH POLICE STATION. ............. PETITIONERS/ACCUSED NOS. 1 TO 4 ------------------------------------------------------- 1. ASHKAR. N, CHIRAYIL HOUSE, H.B. PADAM, ALISSERY WARD, ALAPPUZHA. 2. K. SEENU, KANIAMPARAMBU, VALIYAMARAM WARD, ALAPPUZHA. 3. NAHAS, KANIYAM PARAMBU, VALIYAMARAM ROAD, ALAPPUZHA. 4. S. KANNAN, PADINJARE MAKKIYIL, VANDANAM, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS/STATE/COMPLAINANT --------------------------------------------------------- 1. BABU, S/O.IBRAHIM, BABU MANZIL, MUTTATHU VALAPPU, ALAPPUZHA DISTRICT, PIN-688 001. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.S.GANESH KUMAR. R2 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1203 of 2011 -------------------------------------- Dated this the 25th day of May, 2011. ORDER Petitioners are accused 1 to 4 in Crime No.125 of 2011 of Alappuzha South Police Station for offences punishable under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code. Prosecution case is that on 13.02.2011 at about 8.30 p.m. petitioners wrongfully restrained the first respondent while he was driving an autorickshaw and voluntarily caused hurt to him. Petitioners request to quash Annexure-A, FIR and all proceeding taken pursuant to it on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. 2. The fact of settlement is confirmed by learned counsel for petitioners and the first respondent. Learned Public Prosecutor also submitted after getting instruction that parties have settled the dispute. Learned counsel for petitioners and first respondent have also confirmed authenticity and genuineness of the joint petition signed by the parties and their counsel. 3. It is seen from the joint petition that parties have settled the dispute which is personal to and between petitioners and the first respondent. In view of the settlement I am inclined to terminate the further proceeding. Crl.MC No.1203 of 2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Annexure-A, FIR in Crime No.125 of 2011 of Alappuzha South Police Station and all proceeding taken pursuant to it against petitioners are quashed. THOMAS P.JOSEPH, Judge. cks