IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.MC.No. 455 of 2011() ------------------------------------ CC.NO. 323/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRIME NO.21/09 OF MARAD POLICE STATION .................... PETITIONER(S): ACCUSED NOS.1 AND 2 ----------------------------------------------------------- 1. UNNI, S/O.DEVI KURUVIL, AGED 28 YEARS, DEVIKA NIVAS, WEST MAHE NADUVATTOM, BEYPORE VILLAGE, KOZHIKODE DISTRICT. 2. DIPEESH, S/O.BALAN, AGED 22 YEARS, THACHAKK HOUSE, WEST MAHE, BEYPORE VILLAGE, KOZHIKODE DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, MARADU POLICE STATION, MARAD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BALAKRISHNAN, S/O.RAMASWAMY, (DRIVER), ANTHONYPARAMB BEYPORE AMSOM, NADUVATTOM, KOZHIKODE DISTRICT- 673 015. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2 BY ADV. SRI.S.SREEDEV THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.455 of 2011 --------------------------------------- Dated this 03rd day of March, 2011 ORDER Petitioners are accused Nos.1 and 2 in Crime No.21 of 2009 of Marad Police Station and C.C.No.323 of 2009 of the Court of learned Judicial First Class Magistrate-V, Kozhikode for offences punishable under Secs.323, 324, 452, 506(ii) and 294(b) r/w Sec.34 of the Penal Code. Case is that on 17.01.2009 at about 10p.m petitioners trespassed into the house of the second respondent with weapons, criminally intimidated him, uttered obscene words and voluntarily caused hurt to him. Petitioners request this Court to quash proceedings against them in view of the settlement reached with second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel for second respondent has confirmed settlement and authenticity of affidavit sworn by the second respondent. Learned Public Prosecutor after getting instruction has submitted that parties have settled the dispute. 2. Annexure-A3 is the affidavit of second respondent. Parties have also filed a compounding petition. It is revealed from Crl.M.C.No.455 of 2011 -: 2 :- the affidavit and compounding petition that the matter is settled between the parties. In view of that and having regard to the circumstances stated I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.21 of 2009 of Marad Police Station, cognizance taken thereon and proceeding in C.C.No.323 of 2009 of learned Judicial First Class Magistrate-V, Kozhikode to the extent it concerned petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-