IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Crl.MC.No. 5001 of 2010() ------------------------------------- CC.2236/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KOTTARAKKARA. CRIME NO.1290/2006 OF KOTTARAKARA POLICE STATION. .................... PETITIONER/ACCUSED ----------------------------------- BABUJI, S/O.LATE ABRAHAM, ROHINI BHAVAN, VAYACKAL MURI, VALAKOM VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/STATE AND COMPLAINANT ---------------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT. 3. ACHANKUNJU, S/O.DANIEL, PANAYIL VEEDU, VAYACKAL MURI, VALAKOM VILLAGE, KOTTARAKARA. 4. ROSAMMA, W/O.ACHENKUNJU, PANAYIL VEEDU, VAYACKAL MURI, VALAKOM VILLAGE, KOTTARAKARA. R1 & R2 BY PUBLIC PROSECUTOR MR.K.J. MOHEMMED ANZAR. R3 & R4 BY ADV. SRI.J.ABHILASH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.5001 of 2010 ==================================== Dated this the 25th day of February, 2011 O R D E R Petitioner is the accused in Crime No. 1290 of 2006 of Kottarakkara Police Station and C.C. No.2236 of 2009 of the court of learned Judicial First Class Magistrate-I, Kottarakkara for offences punishable under Sections 452, 294(b), 326, 324 and 427 of the Indian Penal Code. Case is that on 28.12.2006 at about 8.30 p.m. petitioner and his father (who expired later) trespassed into the house of the de facto complainant, used obscene words and voluntarily caused hurt/grievous hurt to him with stick and iron rod. A case was registered as aforesaid (learned counsel submitted that later, offence under Sec.326 of the IPC was deleted). Petitioner seeks to quash proceeding on the basis of a settlement reached between the parties. I have heard the learned Public Prosecutor also. 2. Parties are closely related. Respondent Nos.3 and 4 are represented in this petition by counsel. Parties have filed a compounding petition as Crl. M.A. No.8147 of 2010 signed by themselves and counsel wherein it is stated that the entire dispute CRL.M.C. No.5001 of 2010 -: 2 :- is settled. Offence is purely personal to and between the parties. In the circumstances it is not necessary to continue the proceeding. Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No.1290 of 2006 of Kottarakkara Police Station, cognizance taken thereon and all proceeding in C.C. No.2236 of 2009 of the court of learned Judicial First Class Magistrate-I, Kottarakkara against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv