IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.MC.No. 946 of 2011() ------------------------ SC.513/2010 of IIIRD ADDL. ASST. SESSIONS COURT, ERNAKULAM .................... PETITIONER(S)/ACCUSED 1-3 :- ------------------------------------------- 1. THOMAS AJOSH, S/O.JOSEPH, AGED 23 YEARS, KOLOTH HOUSE, VYTTILA P.O., POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. ANTONY A.F., S/O.FRANCIS, AGED 29 YEARS, ALLEPPILLY HOUSE, VYTTILA P.O., POONITHURA VILLAGE KANAYANNUR TALUK, ERNAKULAM DISTRICT. 3. JIJO ANTONY, S/O.JOSEPH, AGED 21 YEARS, KARUGAPARAMBIL HOUSE, JANATHA ROAD, VYTTILA P.O., POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REPRESENTED BY SUB INSPECTOR OF POLICE, PANAGAD POLICE STATION, ERNAKULAM DISTRICT – 682 031. 2. GEORGE PRASAD, S/O.GEORGE, AGED 35 YEARS, KOONACHAMPARAMBU HOUSE, LINE NO.36, JANATHA ROAD, VYTTILA, PUNITHURA VILLAGE – 682 019. ADV. SRI.P.F.SEBI BRIDGIT FOR R2 PUBLIC PROSECUTOR MR.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.946 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 31st day of March 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.1431 of 2009 of Panangad Police Station and S.C.No.513 of 2010 of the court of learned IIIrd Additional Assistant Sessions Judge, Ernakulam for offences punishable under Secs.323 and 308 r/w Sec.34 of the Indian Penal Code (for short, “the IPC”). The police after investigation submitted a final report for offences above stated. 2. Case is that on 6.12.2009 at about 1 AM petitioners assaulted the 2nd respondent/de facto complainant on his head with some weapon, the assault was likely to cause death due to clotting of blood and thereby petitioners committed offences as alleged. Petitioners request to quash proceeding against them on the strength of a settlement reached with the 2nd respondent. I have heard learned counsel for petitioners, 2nd respondent and the learned Public Prosecutor. 3. Learned counsel for petitioners and 2nd respondent confirmed the settlement. Learned Public Prosecutor also after Crl.M.C. No.946 of 2011 -: 2 :- getting instruction submitted that parties have settled the dispute. Learned counsel for the 2nd respondent further confirms authenticity of Annexure-III affidavit where it is stated that the dispute is settled between the parties. Motive for the alleged incident is money dispute between the parties. Having regard to these circumstances, since the dispute is settled between the parties and hence there is no possibility for a successful culmination of the prosecution, I am inclined to allow this Crl.M.C. Resultantly, this Crl.M.C. is allowed. Final report in Crime No.1431 of 2009 of Panangad Police Station, cognizance taken thereon and proceeding against petitioners/accused 1 to 3 in S.C.No.513 of 2010 of the court of learned IIIrd Additional Assistant Sessions Judge, Ernakulam are quashed. THOMAS P. JOSEPH, JUDGE. Jvt