IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.MC.No. 451 of 2011() --------------------------------- CRIME NO.6/2005 OF ADHUR POLICE STATION, KASARAGOD. .................... PETITIONERS/ACCUSED NO.3, 4 & 7 ---------------------------------------------------- 1. TIPPU. T, S/O.P.C. ABDUL RAHIMAN, JAMBITHA MANZIL, POVVAL, MULIYAR VILLAGE, MULIYAR. P.O, VIA. CHENGALA, KASARAGOD DISTRICT. 2. SIDDIQUE, S/O.ABDULRAHIMAN, POVVAL, MULIYAR VILLAGE, MULIYAR. P.O, VIA. CHENGALA, KASARAGOD DISTRICT. 3. RIYAS, S/O.MUHAMMED KUNHI, NAVAZ MANZIL POVVAL, MULIYAR VILLAGE, MULIYAR. P.O, VIA.CHENGALA, KASARAGOD DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT, SMT.R.LEELA. RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DHANEESH DEVASYA, S/O.DEVASYA, AGED 25 YEARS, PULLOOMTHARA HOUSE, PALLIKKULAM ROAD, KORATTY. P.O, THRISSUR DISTRICT. 3. RAKESH. R, S/O.RAVEENDRAN, AGED 26 YEARS, DEVIKRIPA, MANAKKUNNAM, P.O. UDAYAMPEROOR, ERNAKULAM. 4. NISANTH.V.PHILIP, S/O.PHILIP, AGED 26 YEARS, KUREECHETTAYIL HOUSE, MUNDATHANAM. P.O., KANGAZHA, KANJIRAPPALLI, KOTTAYAM. R1 BY PUBLIC PROSECUTOR MR.K.J. MOHEMMED ANZAR. R2 TO R4 BY ADV. SRI.NISHIL.P.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.451 of 2011 -------------------------------------- Dated this the 3rd day of March, 2011. ORDER Petitioners are accused Nos.3, 4 and 7 in Crime No.6 of 2005 of Adhur Police Station, Kasaragod. They, along with others are charge-sheeted for offences punishable under Sections 143, 147, 148, 341, 326 and 308 read with Section 149 of the Indian Penal Code (for short, “the Code”). Case is that on 06.01.2005 at about 7.30 p.m. petitioners and others formed unlawful assembly and attacked respondent Nos.2 to 4 with sticks causing grievous hurt to respondent No.2. Some of the accused faced trial and were acquitted since the witnesses refused to support prosecution. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent Nos.2 to 4. Respondent Nos.2 to 5 have appeared through counsel and filed Annexures-A3 to A4, affidavits stating that the dispute is settled. I have heard learned counsel for petitioner, respondent Nos.2 to 4 and the learned Public Prosecutor. 2. It is seen from Annexure-A2, judgment of learned Additional Sessions Judge (Adhoc-III), that those accused who faced trial were acquitted since prosecution witnesses did not support the prosecution. In paragraph 12 of Annexure-A2, judgment learned Additional Sessions Judge observed that inspite of Public Prosecutor confronting the prosecution witnesses with their previous Crl.MC No.451/2011 2 statement nothing turned out and it appeared that there was a settlement between the parties. Annexures-A3 to A5 show that respondent Nos.2 to 4 have settled the dispute with petitioners. In view of Annexures-A3 to A5 and considering the manner in which witnesses for the prosecution gave evidence regarding the alleged incident, I am inclined to allow this petition. Resultantly this petition is allowed. Final report against petitioners/accused Nos.3, 4 and 7 in Crime No.6 of 2005 of Adhur Police Station, cognizance taken thereon and proceeding against petitioner No.1/accused No.3 in S.C.No.687 of 2010 and petitioner No.2/accused No.4 in S.C.No.356 of 2010 of the court of learned Additional Sessions Judge (Adhoc- III), Kasaragod and petitioner No.3/accused in C.P.No.144 of 2010 of the court of learned Judicial First Class Magistrate, Kasaragod and all proceedings taken in respect of committal in that proceeding are quashed. THOMAS P.JOSEPH, Judge. cks