IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 2307 of 2009 ------------------------------- (CRIME NO. 388/2009 OF MATHILAKAM POLICE STATION) PETITIONER(S): ACCUSED ------------------------------------ SANGEETH, AGED 36 YEARS, S/O.ABDUL RAHIMAN, PAMBINEZHATH HOUSE, MATHILAKAM, KODUNGALLUR TALUK, THRISSUR DIST. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE -------------------------------------------------------- 1. NISHAF, AGED 36 YEARS, S/O.ABDUL RAHIMAN, PAYYAPPILLY HOUSE, MATHILAKAM, THRISSUR. 2. NIYAS, AGED 34 YEARS, S/O.ABDUL RAHIMAN, RESIDING -DO- 3. NISAR, AGED 30 YEARS, S/O.ABDUL RAHIMAN, RESIDING -DO- 4. SUB INSPECTOR OF POLICE MATHILAKAM POLICE STATION, 5. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.V.BINOY RAM FOR R3 PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2307 OF 2009 ------------------------------------------ Dated 14th August 2009 O R D E R Petitioner is the accused in crime 388/2009 of Mathilakam police station registered for the offence under Sections 308 and 326 of Indian Penal Code. Respondents 1 to 3 are brother-in-laws of the petitioner and first respondent is the defacto complainant. As against respondents 1 to 3 crime No.389 of Mathilakam police station was registered for the offence under Sections 308 and 326 of Indian Penal Code in respect of the same incident. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I FIR in crime 388/209 of Mathilakam police station contending that the entire disputes with respondents 1 to 3 were settled amicably and in such circumstances, in the interest of justice the case is to be quashed. Similar petition was filed to quash crime 389/2009. As per order in Crl.M.C.2415/2009 accepting the settlement between parties that case was quashed. CRMC 2307/09 2 2. Learned counsel appearing for petitioner, respondents 1 to 3 and learned Public Prosecutor were heard. 3. Crl.M.A.3944/2009, a joint statement filed by respondents 1 to 3, establish that there was a complete settlement of all the disputes. As the case as against respondents 1 to 3 for identical offence was quashed as per order in Crl.M.C.2415/2009 accepting the settlement, in the interest of justice the case as against petitioner is also to be quashed consequent to the settlement. Petition is allowed. Annexure-I FIR and proceedings in crime 388/2009 of Mathilakam police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.