IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.MC.No. 1793 of 2011() ------------------------------ SC.292/2010 of ADDL. DISTRICT AND SESSIONS COURT, ADHOC II, KASARGOD) .................... PETITIONER(S): ACCUSED 1 & 2 -------------------------------------- 1. MUHAMMED NIZAR, S/O.LATE MUHAMMED HAJI, AGED 28 YEARS, HUDA MANZIL, SONKAL, KODIBAIL, KASARGOD TALUK. 2. ABDUL RAHMAN, S/O.MUHAMMED, AGED 35 YEARS, SONKAL, MANGALPADY, KODIBAIL, KASARGOD TALUK. BY ADV. SRI.S.JIJI RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------------------------ 1. AYISHA, W/O.TIMBER ABDULLA, AGED 49 YEARS, SOHANA MANZIL, MANNAMKUZHI, KODIBAIL, KASARGOD TALUK, KASARGOD DISTRICT-671 324. 2. THE STATION HOUSE OFFICER, MANJESWAR POLICE STATION, KASARGOD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2011, ALONG WITH CRMC.NO.1797/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.1793/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE FINAL REPORT IN CRIME NO.254/2007 OF MANJESWAR POLICE STATION. ANNEXURE A2:AGREEMENT DATED 26/04/2011 EXECUTED BETWEEN THE PARTIES. ANNEXURE A3:AFFIDAVIT DATED 11/06/2011 SWORN BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.1793 of 2011 & 1797 of 2011 -------------------------------------- Dated this the 22nd day of June, 2011. ORDER These petitions are filed to quash proceedings in S.C.No.292 of 2010 of the court of learned Additional Sessions Judge (Adhoc-II), Kasaragod and C.C.No.451 of 2008 of the court of learned Chief Judicial Magistrate, Kasaragod on the strength of a settlement reached between parties. 2. S.C.No.292 of 2010 arises from final report in Crime No.254 of 2007 of Manjeswar Police Station for offences punishable under Sections 436 and 450 of the Indian Penal Code (for short, “the Code”). Allegation is that on 18.08.2007 at 2 a.m. petitioners/accused 1 and 2 trespassed into the furniture shop of the first respondent, set fire and caused loss of Rupees one lakh. There was some family dispute between parties. Parties have executed Annexure-A2, agreement settling the dispute. Annexure-A3 is the affidavit of the first respondent. 3. C.C.No.451 of 2008 of the court of learned Chief Judicial Magistrate, Kasaragod arises from the final report in Crime No.247 of 2007 of Manjeswar Police Station for offences punishable under Sections 143, 147, 323, 341 and 363 read with Section 149 of the Indian Penal Code. Case is that on 13.08.2007 at about 7 p.m. Petitioners/accused 1 to 5 formed unlawful assembly Crl.MC Nos.1793 & 1797/2011 2 with intend to kidnap the first respondent due to enmity with his father in timber business, took the first respondent in an autorickshaw and voluntarily caused hurt to him. Parties have executed Annexure-A2, agreement and first respondent has sworn Annexure-A3, affidavit. 4. Defacto complainants in both the cases are mother and son and petitioners are related to them. Both the incidents arose on account of family dispute. That dispute is now settled by them. 5. Learned Public Prosecutor after getting instruction has submitted that the parties in Crl.M.C.No.1793 of 2011 have settled the dispute. The incident in that case allegedly happened as a consequence of the alleged incident on 13.08.2007 which has given rise to Crime No.247 of 2007. Since the matter is settled between parties I am inclined to quash proceeding as in view of the settlement sending the parties for trial will be a fruitless exercise. Resultantly these Criminal Miscellaneous Cases are allowed in the following lines: i. Crl.M.C.No.1793 of 2011 is allowed. Proceeding against petitioners/accused 1 and 2 in S.C.No.292 of 2010 of the court of learned Additional Sessions Judge (Adhoc-II), Kasaragod (arising from Crime No.254 of 2007 of Manjeswar Police Station) is quashed. Crl.MC Nos.1793 & 1797/2011 3 ii. Crl.M.C.No.1797 of 2011 is allowed. Proceeding against petitioners/accused 1 to 5 in C.C.No.451 of 2008 of the court of learned Chief Judicial Magistrate, Kasaragod (arising from Crime No.247 of 2007 of Manjeswar Police Station) is quashed. THOMAS P.JOSEPH, Judge. cks