IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Crl.MC.No. 2553 of 2009(D) -------------------------------------- CP.NO.15/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY. .................... PETITIONERS/ ACCUSED: ------------------------------------- 1. SADAKKATTULLAH, S/O.MOHAMMED, ODUNGATTU, CHELAPURATH, CHERUVADI P.O., PAZHAMPARAMBA. 2. SULFIKAR, S/O.BEERAN KUTTY, PUTHALATH, CHERUVADI P.O. 3. ARIF, S/O.MOYIN, PUTHALATH, CHERUVADI P.O. BY ADV. MR.K.A.SALIL NARAYANAN. RESPONDENTS/ STATE AND DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHARAFUDHEEN, S/O.AHAMED, TENANGAPARAMBIL, P.O.CHERUVADI, KODIYATHUR AMSOM, KOZHIKODE. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI, R2 BY ADV. MR.NISHIL.P.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2553 OF 2009 ------------------------------------------ Dated 20th August 2009 O R D E R Petitioners are accused in C.P.15/2009 on the file of Judicial First Class Magistrate-II, Thamarassery taken cognizance for the offences under Sections 323, 324 and 308 read with Section 34 of Indian Penal Code on Annexure-4 final report. Second respondent is the injured, defacto complainant. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken and the proceedings pending before the Judicial First Class Magistrate-II, Thamarassery, contending that there was a settlement of all the disputes with second respondent and in such circumstances, the case is to be quashed. 2. Second respondent appeared through a counsel and also filed Annexure-3 affidavit stating that entire disputes with petitioners were settled amicably and in such circumstances, there is no objection for quashing the proceedings. CRMC 2553/09 2 3. Learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 4. Learned counsel appearing for petitioners and second respondent submitted that there was a counter case in respect of the same incident as C.C.158/2009, before Judicial First Class Magistrate-II, Thamarassery and it was compounded yesterday consequent to the settlement arrived at and though offence under Section 308 of Indian Penal Code is involved, Annexure-2 wound certificate shows only lacerated wound over occipital region of scalp apart from contusions on the right forearm and discloses no fracture and in such circumstances, in the interest of justice the case is to be quashed. 5. Learned Public Prosecutor also submitted that on the statement taken it is clear that there was a settlement of the disputes with petitioners and second respondent. 6. Though offence under Section 308 of Indian Penal Code is also involved, Annexure-2 wound certificate shows that no grievous hurt was caused. Entire disputes with the petitioners and second CRMC 2553/09 3 respondent, the injured defacto complainant, were settled and even the counter case in respect of the same incident was already settled and compounded. Hence it is not in the interest of justice to continue the prosecution, as even if petitioners are to be tried, consequent to the settlement, chance of a successful prosecution is very bleak. Petition is allowed. C.P.15/2009 on the file of Judicial First Class Magistrate-II, Thamarassery as against petitioners is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.