IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 552 of 2011() ----------------------------- SC.1232/2010 of ADDL. SESSIONS COURT ADHOC-III, KOLLAM .................... PETITIONER(S): ACCUSED ------------------------------- AFSAL, AGED 25 YEARS, S/O. USMAN, CHIRAKKADA PUTHAN VEEDU, HOUSE NO.1/30, THODIYOOR PANCHAYATH, PULIYOOR VANCHI NORTH MURI, THODIYOOR VILLAGE. BY ADVS. SRI.K.ABDUL JAWAD SRI.GIFFARA RESPONDENT(S):COMPLAINANTS --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKLAM -31. 2. SUB INSPECTOR OF POLICE, KARUNAGAPALLY POLICE STATION- 690 518. 3. SHIBU, AGED 26 YEARS, S/O. ABDUL SALAM, PULATHARAKIZHAKKATHIL, PADANAYARKLANGARA VADAKKEMURI, KARUNAGAPALLY VILLAGE - 690 518. 4. JOSHY, AGED 27 YEARS, S/O. DHANAPALAN, NEDUMTHARAYIL VEETTIL, PUNNAMKULAM MURI, KULASEKHARAPURAM VILLAGE - 690 544. 5. ANIL, AGED 24 YEARS, S/O. VIJAYAN, PANOLIL VEETIL, PUNNAKULAM MURI, KULASEKHARAPURAM VILLAGE - 690 544. R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.552 of 2011 -------------------------------------- Dated this the 4th day of March, 2011. ORDER Petitioner is accused No.4 in Crime No.697 of 2004 of Karunagappally Police Station for offences punishable under Sections 143, 147, 148, 323 and 308 read with Section 149 of the Indian Penal Code (for short, “the Code”). Accused other than petitioner faced trial in S.C.No.305 of 2007 of the court of learned Additional Sessions Judge (Adhoc-III), Kollam. They were acquitted by Annexure-B, judgment since prosecution witnesses did not support the prosecution. Case against petitioner was split up and refiled as S.C.No.1232 of 2010. Now the case is settled between petitioner and respondent Nos.3 to 5/CWs 1 to 3 (injured and defacto complainant). It is therefore prayed that proceeding against petitioner may be quashed. 2. Previous animosity is stated to be the motive of the alleged incident. It is alleged that accused No.1 attempted to beat respondent No.5/CW3 on the head with an iron rod. Respondent No.5 is said to have avoided the blow. Allegation is that of the blow had fell on the head it would have caused death. So far as petitioner is concerned, apart from being sought to be implicated under Section 149 of the Code, allegation against him is only under Section 323 of the Code. It is seen from Annexures-C to E, affidavits Crl.MC No.552/2011 2 sworn to by respondent Nos.3 to 5 that they have settled the dispute with petitioner. In the circumstances, I am inclined to think that further proceeding need not be continued as it would be of no use. Hence this petition could be allowed. Resultantly this petition is allowed. Final report against petitioner in Crime No.697 of 2004 of Karunagappally Police Station, cognizance taken thereon and proceeding against petitioner in S.C.No.1232 of 2010 of the court of learned Additional Sessions Judge (Adhoc-III), Kollam are quashed. THOMAS P.JOSEPH, Judge. cks