IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Crl.MC.No. 4785 of 2010() ------------------------- CC.673/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PARAPPANANGADI, CRIME NO.261 OF 2005 OF TANUR POLICE STATION SPLIT UP AND REFILED AS 996 OF 2008 .................... PETITIONER(S): ACCUSED NO.6 --------------------------- K.P.NAZER, S/O.HAMZA KUTTY, KUPPANTEPURAKKAL HOUSE, NIRAMARUTHUR AMSOM DESOM, PUTHIYAKADAPPURAM. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): RESPONDENT ------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN P.P.SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/03/2011, A/W. Crl.M.C.NO.4816 OF 2010 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: cms THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.4785, 4787, 4816 & 4831 of 2010 -------------------------------------- Dated this the 1st day of March, 2011. ORDER These petitions are filed by one K.P.Nazar, to quash proceedings against him in C.C.Nos.673 of 2005, 787 of 2005, 705 of 2005 and 877 of 2005, all pending in the court of learned Judicial First Class Magistrate-I, Parappanangadi. Those cases arose from Crime No.216 of 2005 for offences punishable under Sections 143, 147, 148, 448, 427 and 506(i) read with Section 149; Crime No.214 of 2005 for offences punishable under Sections 143, 147, 148, 448, 427 and 506(ii) read with Section 149; Crime No.215 of 2005 for offences punishable under Sections 143, 147, 148, 448, 427 and 506(ii) read with Section 149 and Crime No.217 of 2005 for offences punishable under Sections 448, 427 and 506 (ii) read with Section 34 of the Indian Penal Code (for short, “the Code”), all of Tanur Police Station. Prosecution Case is that on the respective dates petitioner and others formed unlawful assembly, trespassed into the compound of the defacto complainants and committed offences as stated above. Petitioner is accused No.6 in Crime No.216 of 2005 and accused No.5 in Crime Nos.214 and 215 of 2005. He is accused No.2 in Crime No.217 of 2005. Petitioner seeks to quash proceedings against him on the strength of settlement reached with the defacto complainants and injured. It is stated that cases were referred to the Adalath and settled there. Since petitioner was not available for trial along with Crl.MC Nos.4785,4787,4816,4831/2010 2 other accused, cases against him were refiled as C.C.Nos.966 of 2008, 964 of 2008, 965 of 2008 and 967 of 2008. I have heard learned counsel for petitioner, the defacto complainants and injured and the leaned Public Prosecutor. 2. It is seen from Annexures-A3, A4, A5 and A3, respectively in these petitions that cases against the remaining accused ended in acquittal under Sections 248(1) of the Code of Criminal Procedure since the witnesses did not support the prosecution in view of the settlement reached between the parties. It is also seen from the records that the cases were sent to the Adalath and settled . But, since offences included non-compoundable offences the cases were sent back to the court of learned Judicial First Class Magistrate-I, Parappanangadi. The defacto complainants and the injured have filed affidavits stating that the dispute has been settled between petitioner, defacto complainants and the injured and that they did not intend to continue prosecution. In the light of the settlement reached between the parties I am inclined to allow these petitions. Resultantly these petitions are allowed in the following lines: i. Final report in Crime No.216 of 2005 of Tanur Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.966 of 2008 of the court of learned Judicial First Class Magistrate-I, Parappanangadi are quashed. ii. Final report in Crime No.214 of 2005 of Tanur Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.964 of Crl.MC Nos.4785,4787,4816,4831/2010 3 2008 of the court of learned Judicial First Class Magistrate-I, Parappanangadi are quashed. iii. Final report in Crime No.215 of 2005 of Tanur Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.965 of 2008 of the court of learned Judicial First Class Magistrate-I, Parappanangadi are quashed. iv. Final report in Crime No.217 of 2005 of Tanur Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.967 of 2008 of the court of learned Judicial First Class Magistrate-I, Parappanangadi are quashed. THOMAS P.JOSEPH, Judge. cks