IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 CRL.MC.NO. 4962 OF 2010() ---------------------------------------- (CRIME NO.827 OF 2010 OF VADAKKEKARA POLICE STATION) PETITIONER(S): ACCUSED --------------------------------------- 1. VINOD, AGED 35 YEARS, S/O. HASSAN, KANJIRAPARAMBIL, MANNAM, PARAVUR. 2. SUDHIR, AGED 33 YEARS, S/O. IBRAHIM, THOPPIL PARAMBIL, MANNAM, PARAVUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANTS --------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.827/2010 OF VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT). 2. SHALAKATH, S/O. BEERAN, AGED 24 YEARS, CHERUPARAMBIL HOUSE, CHUNGAM PANCHAYATH KADAVU, PALAPRASSERY KARA, CHENGAMANADU VILLAGE, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA ADV. SRI.VINOD KUMAR.C FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4962 of 2010 ==================================== Dated this the 03rd day of February, 2011 O R D E R Petitioners are accused in Crime No.827 of 2010 of Vadakkekara Police Station for offences punishable under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. Case is that on 11.12.2010 petitioners who were travelling in a car attacked respondent No.2-de facto complainant, the driver of a Tipper Lorry with hands and granite stone when that vehicle hit the Car. Petitioners seek to quash proceeding against them in view of the settlement reached between them and respondent No.2, Annexure-2 being the affidavit of respondent No.2. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. Learned Public Prosecutor after getting instruction submitted that the matter is settled between parties and when the investigation officer contacted respondent No.2, he stated that he settled the dispute and his signature was taken on a paper on which something was written in English. In view of that statement, respondent No.2 was asked to be present in court. Accordingly he is present today before me. I have shown CRL.M.C. No.4962 of 2010 -: 2 :- Annexure-2, affidavit to him and explained its contents in Malayalam which is to the effect that the case is settled with petitioners and that he has no objection to the proceedings being quashed. He was also shown the signature appearing in Annexure-2. He admitted the signature to be his and confirmed settlement stated in Annexure-2, affidavit. Hence Annexure-2 can be accepted and acted upon. 2. It is seen that the matter is settled between the parties. Offence under Section 308 of the IPC is incorporated in the FIR on the allegation that one of petitioners hit on the back of respondent No.2 with a granite stone. The incident occurred at the spur of the moment on the Tipper lorry driven by respondent No.2 hitting the Car in which petitioners were travelling. There is no reason to think that the incident is pre-conceived. There is no case of any previous enmity between the parties. Having regard to these facts and circumstances, the settlement and that there is no possibility of the prosecution having a successful culmination I am inclined to allow this petition. CRL.M.C. No.4962 of 2010 -: 3 :- Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-1, FIR in Crime No.827 of 2010 of Vadakkekara Police Station and proceeding pursuant thereto against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv