IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 Crl.MC.No. 1711 of 2011() ---------------------- CRIME NO. 254/2011 OF KUNNAMKULAM POLICE STATION, THRISSUR .................. PETITIONERS / ACCUSED : ---------------------------------------- 1. SUBI, AGED 30 YEARS, S/O.CHANDRAN, THAYYIL HOUSE, CHOWANNUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT 2. UNNIKRISHNAN, AGED 23 YEARS, S/O.SHAJI, PUTHANPURAKKAL HOUSE, KALLAZHIKUNNU,CHOWANNUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT 3. VISAK K.KUMAR, AGED 23 YEARS, S/O.KUMARAN, KOLADIPARAMBIL HOUSE, KALLAZHIKUNNU, CHOWANNUR VILLAGE, THALAPPILY TALUK BY ADV. SRI.RAJIT RESPONDENTS / STATE & DEFACTO COMPLAINANT : ------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM 2. SUNEESH @ SUNI P.V., AGED 28 YEARS, S/O.VASU, PUTHURUTHI VALAPPIL HOUSE, PAYYUR, KANIPAYYUR, KUNNAMKULAM,THRISSUR DISTRICT R1 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA R2 BY ADV. SRI. LOWEL CHERIAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1711 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 254/2011 OF THE KUNNAMKULAM POLICE STATION. ANNEXURE - B : THE WOUND CERTIFICATE OF THE DEFACTO COMPLAINT. ANNEXURE - C : COPY OF THE AFFIDAVIT EVIDENCING SWORN TO BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1711 of 2011 --------------------------------------- Dated this 17th day of June, 2011 ORDER Petitioners are accused in Crime No.254 of 2011 of Kunamkulam Police Station for offences punishable under Secs.323, 324 and 308 r/w Sec.34 of the Indian Penal Code. The alleged incident occurred on 02.03.2011 at about 5.30p.m. It is alleged that petitioners assaulted the second respondent/de facto complainant with a knife. Petitioners request this Court to quash proceeding on the strength of a settlement said to be reached with the second respondent. Annexure-C is the affidavit of the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Learned Public Prosecutor submitted that he has been given information over telephone by the Investigating Officer that the de facto complainant is in judicial custody in connection with a case involving the Arms Act. Petitioners have to face the trial. 3. Having regard to the nature of the case I am not inclined to think that this Court should interfere under Sec.482 of the Code of Criminal Procedure. Crl.M.C.No.1711 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is closed without prejudice to other rights if any of the parties in the matter. (THOMAS P JOSEPH, JUDGE) Sbna/-