IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 CRL.MC.NO. 11 OF 2011() -------------------------------------- CC.422/2006 OF JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR .................... PETITIONER(S): ACCUSED 1-7 ---------------------------------------------- 1. SUNDARAN, S/O.THANKAPPAN, THANDIRICKAL VEEDU, THANDIRICKAL COLONY, MUPPATHADOM, KADUNGALLUR, ERNAKULAM DISTRICT. 2. ANIL, S/O.FRANCIS, SRAMBICKAL VEEDU, MUPPATHADOM, KADUNGALLUR, ERNAKULAM DISTRICT. 3. RADHAKRISHNAN, S/O.BHASKARAPILLAI, MANGALATH VEEDU, EDAYAR, KADUNGALLUR, ERNAKULAM DISTRICT. 4. TITUS, S/O.CLEETUS, THAIPARAMBUVEEDU, MUPPATHADOM, KADUNGALLUR, ERNAKULAM DISTRICT. 5. NAJEEB, S/O.SHAMSUDHEEN, THANDIRICKAL VEEDU, THANDIRICKAL COLONY, MUPPATHADOM, KADUNGALLUR, ERNAKULAM DISTRICT. 6. SIJU, S/O.SUBRAMANYAN, KUMBALAMPARAMBUVEEDU, THANDIRICKAL COLONY, MUPPATHADOM, KADUNGALLUR, ERNAKULAM DISTRICT. 7. SASI, S/O.AYYAPPAN, VALLUVANPARAMBILVEEDU, MUPPATHADOM, KADUNGALLUR, ERNAKULAM DISTRICT. BY ADV. SRI.AMJAD ALI SRI.MANSOOR.B.H. RESPONDENT(S): STATE/DEFACTO COMPLAINANT ---------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING STATION HOUSE OFFICER, BINAMIPURAM, ERNAKULAM DISTRICT. 2. JINEESH, S/O.GOPI, VAILOPILLYVEEDU, MUPPATHADOM, KADUNGALLUR, ERNAKULAM DISTRICT. 3. JIBEESH, S/O.GOPI, VAILOPILLYVEEDU, MUPPATHADOM, KADUNGALLUR, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR ADV. SRI.B.H.ANSIL FOR R2,3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.11 of 2011 ==================================== Dated this the 28th day of January, 2011 O R D E R Petitioners are accused in Crime No.17 of 2006 of Binanipuram Police Station for offences punishable under Sections 143, 147, 148, 323 and 324 read with Section 149 of the Indian Penal Code. Case is that on 29.01.2006 at about 10.00 p.m. in the premises of a temple in the course of the festival petitioners on account of previous enmity attacked respondent Nos.2 and 3 with stone and committed offences as alleged. Petitioners seek to quash proceedings against them on the strength of a settlement reached between them and respondent Nos.2 and 3. I have heard learned counsel for petitioner, respondent Nos.2 and 3 and the learned Public Prosecutor. Learned Public Prosecutor after getting instructions has confirmed the fact of settlement. It is seen from the affidavit sworn by the de facto complainant also that the de facto complainant and injured have settled the dispute with the petitioners and that they have no objection in quashing the proceedings against the petitioners. 2. Though the incident occurred at a public place it is CRL.M.C. No. 11 of 2011 -: 2 :- seen that motive behind the incident is previous enmity and the weapon allegedly used is a stone. Having regard to the facts and circumstances of the case and considering the settlement reached between respondent Nos.2 and 3 and petitioners and also taking into account the fact that there is no likelihood of a successful culmination of the prosecution in view of settlement, I am inclined to allow this petition. Resultantly this Criminal Miscellaneous Case is allowed. Annexure-I, final report in Crime No.17 of 2006 of the Binanipurm Police Station, cognisance taken thereon and all further proceedings in C.C. No.422 of 2006 of the court of learned Judicial First Class Magistrate, North Paravur against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv