IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.MC.No. 5034 of 2010() ------------------------- CP.8/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR CRIME NO.516/2001 OF MATHILAKAM POLICESTATION .................... PETITIONER(S): ACCUSED NO.8 --------------------------- RAJESH, S/O.NARAYANAN, KARAYIL HOUSE, NEAR DEVAMANGALAM TEMPLE, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT & INJURED ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. VINOD, AGED 30 YEARS, S/O.JAYARAJ, PARAMBIL HOUSE, VAZHIAMBALAM DESOM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK-695013. 3. BABU, AGED 37 YEARS, S/O.VENUGOPALAN, PANATTU HOUSE, NEAR AYIROOR TEMPLE, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK-695013. 4. SUMESH, AGED 32 YEARS, S/O.DHARMAJAN, KALAPURAKAL HOUSE, KAIPAMANGALAM DESOM, KODUNGALLUR TALUK-695013. ADV. SRI.C.D.DILEEP FOR R TO R4 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.5034 of 2010 -------------------------------------- Dated this the 10th day of February, 2011. ORDER Petitioner is accused No.8 in Crime No.516 of 2001 of Mathilakam Police Station and C.P.No.8 of 2010 of the court of learned Judicial First Class Magistrate, Kodungallur for offences punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code. Prosecution case is that on 23.09.2001 at about 7 p.m. petitioner and others came to the scene of occurrence in an autorickshaw and assaulted CWs 1 to 3 with sword. Petitioner seeks to quash proceedings against him in the light of a settlement reached with respondent Nos. 2 to 4, acquittal of accused No.2 by learned Additional Sessions Judge, Fast Track Court-II (Adhoc), Thrissur for want of evidence and acquittal of the remaining accused by learned Additional Assistant Sessions Judge, Irinjalakkuda. 2. Respondent Nos.2 to 4 are represented by counsel. I have heard learned counsel and the learned Public Prosecutor who also confirmed the fact of settlement between petitioner and respondent Nos.2 to 4. 3. It is seen that all the accused other than petitioner and accused No.7 faced trial in different courts and for want of evidence they were acquitted. This is not disputed by the prosecution as well. While so, claiming settlement and seeking acquittal accused No.7 approached this Court with Crl.MC No.5034/2010 2 Crl.M.C.No.2752 of 2005 and this Court by order dated September 1, 2005 allowed that petition holding that asking accused No.7 to face the trial will be a waste of the valuable time of court. The proceeding against him was quashed. 4. There is no reason why I should take a different stand with respect to the petitioner who is similarly placed. Annexures-A7 to A9 are the affidavits sworn by respondent Nos.2 to 4, the defacto complainant and injured in the incident. The affidavits show that the matter has been settled between the parties. In that situation I am inclined to interfere under Section 482 of the Code of Criminal Procedure. Resultantly this petition is allowed and Annexure-A1, final report in Crime No.516 of 2001 of Mathilakam Police Station, cognizance taken against petitioner/accused No.8 and proceedings against petitioner in C.P.No.8 of 2010 of the court of learned Judicial First Class Magistrate, Kodungallur are quashed. THOMAS P.JOSEPH, Judge. cks