IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Crl.MC.No. 4936 of 2010() ------------------ CRIME NO. 58/2008 OF VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT ............................... PETITIONERS / ACCUSED : --------------------------------------- 1. SAJITH, AGED 17 YEARS, S/O.SANTHOSH, NEDIYARA VEETIL, KOTTULLIKKAD, MOOTHAKUNNAM. 2. ABHIJITH, AGED 17 YEARS, S/O.SUDARSHANAN, VELIKKAKATH VEEDU, KOTTULLIKKAD, MOOTHAKUNNAM. 3. AKHILESH, AGED 17 YEARS S/O.SHAJI, THYKKOODATH VEEDU, THEKKEPADATHU, KOTTULLIKKAD KARA, MOOTHAKUNNAM. BY ADV. SRI.S.RAJEEV RESPONDENTS / DEFACTO COMPLAINANT : ----------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.58/2008 OF VADAKKEKARA POLICE STATION, ERNAKULAM). 2. SANOJ, AGED 27 YEARS, S/O.SIMON, PUTHENVEEDU, NEAR POLICE QUARTERS, MADAPLATHURUTH, MOOTHAKUNNAM-683 516. 3. THOMPSON, AGED 31 YEARS, S/O.VARGHESE, KUNJELIPPARAMBU, NEAR KAPPOLA, MADAPLATHURUTH, MOOTHAKUNNAM-683 516. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R2 & R3 BY ADV. SRI.VINOD KUMAR C. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/02/2011, ALONG WITH CRMC NO. 4945/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 4936 of 2010() -2- ORDER ON CRL.M.A. NO. 8030/2010 IN CRL.M.C. NO. 4936/2010 CLOSED 28/02/2011 SD/- THOMAS P. JOSEPH , JUDGE //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH,J. ........................................... CRL.M.C.NOs.4936 & 4945 OF 2010 ............................................. Dated this the 28th day of February, 2011. O R D E R These petitions are filed by the accused in Crime No.58/2008 of Vadakkekara Police Station for offences punishable under Sections 143,147,148,341,323,324 and 326 read with Section 149 of the Penal Code. 2. Accused Nos.4,5 and 7, who were juveniles at the time incident have filed Crl.M.C.No.4936/2010 while accused Nos.1 to 3 and 6 have filed Crl.M.C.No.4945/2010. They seek to quash proceedings against them on the strength of a compromise entered between them and respondent No.2, defacto complainant. 3. Heard the learned counsel for the petitioners, respondents 2 and 3 and the learned Public Prosecutor. Respondent No.2 is the defacto complainant/injured. Motive alleged for the incident is a prior incident relating to respondent No.3. They have filed Annexure A series, affidavits reporting that they have settled the dispute between : 2 : CRL.M.C.NOs.4936 & 4945 OF 2010 them and that there is no subsisting grievance. Learned counsel for respondents 2 and 3 confirmed settlement and the authenticity of Annexure 1 series affidavits sworn by them. Learned Public Prosecutor after getting instructions has submitted that the matter is settled between the parties and that the Sub Inspector has recorded statement of respondent No.2 which is to the effect that the matter is settled. 4. It is true that offences under Sections 143,147,148 and 326 of the Penal Code are also involved. But it is pointed out that petitioners in Crl.M.C.No.4936/2010 were juveniles at the time of incident and that they are students. It is seen from Annexure A series, affidavits that parties have settled the dispute. Learned Public Prosecutor submits that it is not reported that petitioners are involved in any other case. Learned counsel for the petitioners also submits that petitioners are not involved in any other case. 5. In the circumstances, I am inclined to allow these petitions. : 3 : CRL.M.C.NOs.4936 & 4945 OF 2010 6. Resultantly these petitions are allowed in the following lines: 1. Final report against petitioners in Crime No.58/2008 of Vadakkekara Police Station is quashed. 2. Cognizance taken by the Juvenile Court in C.C.No.72/2010 and all further proceedings therein against petitioners in Crl.M.C.No.4936/2010 are quashed. 3. Cognizance taken against petitioners in Crl.M.C.No.4945/2010 and all proceedings pursuant thereto in C.C.No.904/2009 of JFMC, North Paravur are quashed . THOMAS P. JOSEPH, JUDGE. cl : 4 : CRL.M.C.NOs.4936 & 4945 OF 2010