IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 CRL.MC.NO. 230 OF 2011() -------------------------------------- LP.2/2011 OF JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER(S): ACCUSD NO.S 1 AND 2 -------------------------------------------------------- 1. EASHWARAN,AGED 32 YEARS,S/O.KATHA, CHURCH STREET,KUMARAPEETY VILLAGE,VIRUDHANAGAR DISTRICT,TAMIL NADU-626133. 2. MUNIYAPPAN,AGED 30 YEARS,S/O.THAMALINGAM CHURCH STREET,KUMARAPEETY VILLAGE, VIRUDHANAGAR DISTRICT,TAMIL NADU,PIN-626133. BY ADV. SRI.NAVEEN THOMAS RESPONDENT(S): COMPLAINANT AND DEFACTO COMPLIANANT --------------------------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,ERNAKULAM,REPRESENTING THE ASSISTANT SUB INSPECTOR OF POLICE,PIRAVOM POLICE STATION. 2. RAJU,AGED 47 YEARS,CHACKOCHAN, CHEMBAKAPPARAMBIL HOUSE,KARIKODU KARA, MULAKULAM VILLAGE,KOTTAYAM,PIN-686610. BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA ADV. SRI.RENJITH THOMAS FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.230 of 2011 ==================================== Dated this the 07th day of February, 2011 O R D E R Petitioners are accused 3 and 4 in Crime No.78 of 2007 of the Piravom police station for offences punishable under Sections 143, 147, 148, 323, 324 341, 427 and 447 read with Section 149 of the Indian Penal Code. It is alleged that on 04.04.2007 at about 10.00 p.m. petitioners and three others formed unlawful assembly, committed rioting armed with deadly weapons, assaulted respondent No.2 who was traveling in his Jeep, caused damage to the vehicle and thereby committed the offences. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. Learned Public Prosecutor confirmed the fact of settlement and submitted that while preparing the charge sheet and final report there happened to be some mistake in incorporating names of some of petitioners as accused. 2. It is submitted by counsel on both sides that accused Nos.2 and 5 faced trial before the learned Judicial First Class CRL.M.C. No.230 of 2011 -: 2 :- Magistrate, Muvattupuzha and they were acquitted. Since petitioners were not available for trial the case against them was included in L.P. No.2 of 2011 of the court of learned Judicial First Class Magistrate, Muvattupuzha. It is seen from the affidavit of respondent No.2 that the matter is settled between the parties. Remaining accused are already acquitted. In the light of the settlement there is no possibility of the prosecution having a successful culmination. In the circumstances I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A3, final report in Crime No.78 of 2007 of the Piravom police station, cognizance taken thereon and all proceedings in L.P. No.2 of 2011 of the court of learned Judicial First Class Magistrate, Muvattupuzha against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv