IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Crl.MC.No. 617 of 2011() --------------------------------------- (CRIME NO.317/2010 OF CHANDERA POLICE STATION) .... PETITIONER(S): ACCUSED NO.4: -------------------------------------------------- MUHAMMED RAISHAN.M, AGED 18 YEARS, S/O.U.K.SHERIF, KUNNURKAD HOUSE, SOUTH TRIKARIPUR, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADVS. SRI.K.P.HARISH, SMT.M.SHAZIA SULTHANA. RESPONDENT(S): STATE & DEFACTO COMPLAINANT/CW1: ---------------------------------------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. ABDUL MAJEED.K, AGED 25 YEARS, S/O.AALIKUNHI, KATTUR HOUSE, OLAVARA, SOUTH TRIKARIPUR, P.O.OLAVARA, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R2 BY ADV. SRI.TOJAN J. VATHIKULAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.617 of 2011 ==================================== Dated this the 28th day of February, 2011 O R D E R Petitioner is the 4th accused in Crime No.317 of 2010 of Chandera police station for offences punishable under Section 323, 324 and and 308 read with Section 34 of the Indian Penal Code. Case is that on 26.05.2010 at about 10.45 p.m. petitioner along with accused 1 to 3 assaulted the de facto complainant with stone, stick and knife. It is alleged that petitioner aimed the knife on the neck of the de facto complainant which the latter avoided. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with second respondent. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. Learned counsel for the second respondent confirmed settlement and authenticity of Annexure-AIII, affidavit. 2. Motive alleged for the incident is that while petitioner who was a juvenile at the time of the incident was coming from the mosque the second respondent tried to have unnatural sex with him and hearing the hue and cry of petitioner, accused 1 to 3 reached the place and the incident occurred. Vide Annexure-AIV, CRL.M.C. No.617 of 2011 -: 2 :- order this Court was inclined to quash proceeding against accused 1 to 3 on the settlement reached with respondent No.2. It is pointed out by the learned counsel on both sides that petitioner was a juvenile at the time of incident. It is not shown that he is involved in any other case. Having regard to nature of the offence alleged and since the case against accused 1 to 3 has already been quashed accepting the composition I am inclined to allow this petition. Resultantly, this Criminal Miscellaneous Case is allowed. All proceedings in Crime No.317 of 2010 of Chandera Police Station against petitioner-4th accused are quashed. THOMAS P. JOSEPH, JUDGE. vsv