IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 913 of 2011() ------------------------ SC.590/2009 of PRINCIPAL SESSIONS COURT, THALASSERY .................... PETITIONER(S)/ ACCUSED -------------------------------------- 1. BHASKARAN.P,AGED 36 YEARS,S/O.NARAYANAN, PATTUVAKARAN HOUSE,VENGARA.P.O,KANNUR DISTRICT. 2. SREEJITH.P,AGED 30 YEARS,S/O.NARAYANAN, PATTUVAKARAN HOUSE,VENGARA.P.O,KANNUR DISTRICT. 3. SREEKANTH.P,AGED 25 YEARS,S/O.SUNITHA, VENGARA.P.O,KANNUR DISTRICT. 4. PROMOD.M,AGED 30 YEARS,S/O.NARAYANAN, MADAPPALLY HOUSE,VENGARA.P.O,KANNUR DISTRICT. 5. SANGEETH.M,AGED 22 YEARS,S/O.SARITHA, MADAPPALLY HOUSE,VENGARA.P.O,KANNUR DISTRICT. BY ADV. SRI.ZUBAIR PULIKOOL SRI.P.S.BINU RESPONDENT(S) / COMPLAINANTS -------------------------------------------------- 1. RAJESH ARINGALAYAM,AGED 28 YEARS, S/O.GEETHA, BABU BHAVAN,VENGARA.P.O, KANNUR DISTRICT,PIN-670003. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. SMT.BINDU GEORGE FOR R1 SRI.K.M.NASAR FOR R1 PUBLIC PROSECUTOR MR.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.913 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 29th day of March 2011 O R D E R Petitioners are accused in Crime No.185 of 2009 of Pazhayangadi Police Station and S.C.No.590 of 2009 of the court of learned Principal Sessions Judge, Thalassery for offences punishable under Secs.143, 147, 148, 323 and 326 r/w Sec.149 of the Indian Penal Code (for short, “the IPC”) and Sec.3(1)(x) of the Scheduled Cast and Scheduled Tribes (Prev. of ATRO) Act, 1989. 2. Prosecution case is that on 12.7.2009 at about 10.30 PM petitioners formed themselves into an unlawful assembly, voluntarily caused hurt to the first respondent with iron rode and with intention to insult the first respondent in public view called him caste name. Petitioners claim to have reached a settlement with first respondent and pray for quashing proceeding against them. Crl.M.C. No.913 of 2011 -: 2 :- I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for petitioners and the first respondent confirmed the settlement. Learned counsel for first respondent has confirmed authenticity of signature of first respondent in Annexure-IV affidavit. Learned Public Prosecutor has submitted that first respondent is settled at Bangalore, and on the Investigating Officer contacting him over telephone, it was learned that he has settled the matter with petitioners. 3. Learned counsel for petitioners has read over to me statement of the first respondent recorded under Sec.161 of the Code of Criminal Procedure (for short, “the Code”) where it is stated that the first respondent had a fracture in a motor accident in July 2009, he was undergoing treatment for that and the fracture on account of the alleged assault in the present case was caused at the same site. Learned counsel invited my attention to Crl.M.C. No.913 of 2011 -: 3 :- paragraph 3 of Annexure-IV affidavit where the first respondent says that himself and petitioners are friends and belonging to the same place. It is also stated that expenses of the first respondent were met by the petitioners and he was compensated. Under these circumstance the settlement can be accepted. In the circumstances stated above though offence involving SC & ST P.A. Act is also involved, I am inclined to think that there prosecution would not have a successful culmination. Resultantly this Crl.M.C. is allowed. Final report in Crime No.185 of 2009 of Pazhayangadi Police Station, cognizance taken thereon and proceeding against petitioners in S.C.No.590 of 2009 of the court of learned Principal Sessions Judge, Thalassery are quashed. THOMAS P. JOSEPH, JUDGE. Jvt