IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2593 of 2009 ------------------------------- (CRIME NO.44/2009 OF KASARAGOD POLICE STATION) ......................................... PETITIONER(S): ACCUSED -------------------------------------- ABDUL RAHIMAN @ ANDRUMAN, S/O. ABDULLA, AGED 42 YEARS, RESIDING AT SAFWAN QUARTERS, MANAL, CHEMNAD, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE & DEFACTO COMPLAINANT ----------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.T.MUHAMMED, S/O. K.T.MAHIN, AGED 68 YEARS, RESIDING AT KOLATHOTTI MAHAL, DELI, CHEMNAD VILLAGE, KASARAGOD TALUK & DISTRICT. PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1. ADV. SRI.PAULY MATHEW MURICKEN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009 ALONG WITH CRL.MC 2899/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ----------------------------------------------- CRL.M.C.NO.2593/09 & 2899/09 ---------------------------------------------- Dated 28th August 2009 O R D E R Petitioners in Crl.M.C.2899/2009 are the accused in crime No.45/2009 of Kasargod police station registered for the offences under Sections 341 and 323 read with Section 34 of Indian Penal Code. Second respondent in Crl.M.C.2593/2009 is the first petitioner in Crl.M.C.2899/2009. Second respondent in Crl.M.C.2899/2009 is the petitioner in Crl.M.C.2593/2009. Crl.M.C.2899/2009 is filed to quash Annexure-1 FIR and further proceedings in crime No.45/2009 of Kasargod police station. In both cases, case of the petitioners is that there was a complete settlement of the disputes between the parties and in view of the settlement it is not in the interest of justice to proceed with the case. In Crl.M.C.2593/2009 second respondent has filed Annexure-A3 agreement whereunder the parties have decided to withdraw the respective cases. Annexure-A4 affidavit is also filed therein by the second respondent stating that in view CRMC 2593 & 2899/09 2 of the settlement he has no objection for quashing the case and the counter case is also not to be proceeded with. In Crl.M.C.2899/2009 second respondent filed Annexure-A4 affidavit stating that in view of the amicable settlement of the disputes both parties have agreed not to proceed with crime No.44/2009 and 45/2009 of Kasargod police station. 2. Learned counsel appearing for Public Prosecutor and learned counsel appearing for petitioners were heard. All of them submitted that in view of the settlement there is no necessity to proceed with the cases. 3. When the one is the main case and the other the counter case and there was a settlement of all the disputes between the parties, it is not in the interest of justice to proceed with the case. Hence both petitions are allowed. Crime No.44/2009 and Crime No.45/2009 of Kasargod police station are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.