IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Crl.MC.No. 2584 of 2009() --------------------------------------- (CRIME NO.584 OF 2009 OF CHERTHALA POLICE STATION) PETITIONER(S): ACCUSED NOS.1 TO 3: ---------------------------------------------------------- 1. RAJIV @ MATTOM RAJU, AGED 32 YEARS, S/O.ANIRUDHAN, KARINKANNAN VELI HOUSE, CMC 23, CHERTHALA. 2. JYOTHI KUMAR, AGED 32 YEARS, S/O.THANKAPPAN, POLLYAIL HOUSE, CMC 31, CHERTHALA. 3. KARTHIKEYAN, AGED 42 YEARS, S/O.BHASKARAN, MUNDACKAL CHIRA, VARANADU P.O., CHERTHALA. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION. 2. KARTHIKEYAN, AGED 41 YEARS, S/O.KRISHNANKUTTY, THOPPIL HOUSE, WARD NO.4, VAYALAR PANCHAYATH, CHERTHALA. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR R2 BY ADV. MR.NAVEEN THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2584 of 2009 -------------------------- ORDER Petitioners are the accused and second respondent the defacto complainant in Crime No.584/2009 of Cherthala Police Station, registered for the offences under Sections 283, 294(b), 308 and 323 read with Section 34 of Indian Penal Code. This petition is field under Section 482 of Code of Criminal Procedure to quash Annexure-A FIR and the further proceedings contending that the disputes with the second respondent/defacto complainant and the injured were amicably settled and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that there was a complete settlement of all the disputes with the petitioners and he does not intend to proceed with the case further and in such circumstances, he has no objection for quashing the case. CRMC 2584/09 2 3. Learned counsel appearing for the petitioners, second respondent and learned Public prosecutor were heard. 4. Though offence under Section 308 of Indian Penal Code is also alleged in Annexure-A FIR as in the First Information Statement and the body note prepared by the Sub Inspector, which form part of Annexure-A FIR, would reveal that there was only simple hurt on the upper lip apart from contusion on the side of the left eye. Learned Public prosecutor also submitted that no grievous hurt was caused to the second respondent. In such circumstances, when the disputes between the petitioners and second respondent were amicably settled, it is not in the interest of justice to proceed with the case further. Petition is allowed. Annexure-A FIR and further proceedings in Crime No.584/2009 of Cherthala Police Station are quashed. 25th August, 2009 (M.Sasidharan Nambiar, Judge) tkv