IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1746 of 2011() ------------------------- CC.25/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. BASANTH KUMAR NAYAK,S/O.DHRUBA NAYAK, SURALA VILLAGE,P.O.,GANJAM DISTRICT,ORISSA, NOW RESIDING AT RAILWAY QUARTERS,PUNNOL, THALASSERY. 2. DILLESWAR NAYAK,S/O.DHRUBA NAYAK, SURALA VILLAGE,P.O,GANJAM DISTRICT,ORISSA, NOW RESIDING AT RAILWAY QUARTERS,PUNNOL, THALASSERY. 3. DHRUBA NAYAK,S/O.DANDAS NAYAK,SURALA VILLAGE,P.O.,GANJAM DISTRICT,ORISSA,NOW RESIDING AT RAILWAY QUARTERS,PUNNOL,THALASSERY. BY ADVS. SRI.PLEASANT.T.SAMUEL SRI.V.BINOY RAM. RESPONDENT(S): COMPLAINANT/DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------------ 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. P.VIJAYAKUMAR,S/O.ACHUTHAN NAIR, RAILWAY QUARTERS,PUNNOL,KURICHIYIL.P.O, THALASSERY. R1 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1746/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE F.I.R. IN CRIME NO.778/2009 ON THE FILE OF JFCM, THALASSERY. ANNEX.2: COPY OF THE FINAL REPPORT IN CRIME NO.778/2009 ON THE FILE OF JFCM, THALASSERY. ANNEX.3: COPY OF THE WOUND CERTIFICATE ISSUED TO THE 2ND RESPONDENT FROM GENERAL HOSPITAL, THALASSERY. ANNEX.4: COPY OF THE AFFIDAVIT SWEARED BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1746 of 2011 -------------------------------------- Dated this the 21st day of June, 2011. ORDER Petitioners are accused in Crime No.778 of 2009 of Thalassery Police Station and C.C.No.225 of 2010 of the court of learned Judicial First Class Magistrate, Thalassery for offences punishable under Sections 452 and 332 read with Section 34 of the Indian Penal Code. Case is that on 07.12.2009 at about 10.25 p.m. petitioners entered railway cabin near the railway gate, assaulted second respondent, the gate keeper and obstructed him from discharging his official duties. Petitioners request to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel and the learned Public Prosecutor. 2. Learned counsel have confirmed the settlement and authenticity and genuineness of Annexure-4, affidavit sworn by the second respondent. It is revealed that first petitioner is a colleague of second respondent in the Railway Department and that petitioners 2 and 3 are the brother and father of first petitioner. Petitioners and second respondent are residing in the railway quarters. It is seen that the dispute is settled between parties. Hence I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crl.MC No.1746/2011 2 Crime No.778 of 2009 of Thalassery Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.225 of 2010 of the court of learned Judicial First Class Magistrate, Thalassery are quashed. THOMAS P.JOSEPH, Judge. cks