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. 4700 of 2010() ------------------------- SC.243/2009 of ADDL.ASSISTANT SESSIONS COURT-I, ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- 1. MATHAI,S/O.VARKEY,AGED 62 YEARS, MANEERIKKAL,KUNNAKKAL KARA,VALAKAM VILLAGE, MUVATTUPUZHA TALUK. 2. ABY MATHEW,S/O.MATHAI,AGED 42 YEARS, MANEERIKKAL,KUNNAKKAL KARA,VALAKAM VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI K.V.RAJANISH RESPONDENT(S): STATE & COMPLAINANT: -------------------- 1. JOSE,S/O.VARKEY,AGED 50 YEARS, MANEERIKKAL,KUNNAKKAL KARA,VALAKAM VILLAGE, MUVATTUPUZHA TALUK. 2. STATE OF KERALA,REPRESENTED BY CIRCLE INSPECTOR,KUNNATHUNADU POLICE STATION, BY P.PROSECUTOR,HIGH COURT OF KERALA. ADV. SRI.T.C.BABY FOR R1 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 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.4700 of 2010 -------------------------------------- Dated this the 10th day of February, 2011. ORDER Petitioners are accused in S.C.No.243 of 2009 of the court of learned Additional Assistant Sessions Judge-I, Ernakulam for offences punishable under Sections 326 and 307 read with Section 34 of the Indian Penal Code (for short, “the Code”). Petitioners seek to quash proceedings against them on the strength of a compromise with respondent No.1, their close relative. 2. I have heard learned counsel for petitioners, respondent No.1 and the learned Public Prosecutor. Learned counsel for respondent No.1 has confirmed the fact of settlement. Learned Public Prosecutor after getting instruction has also confirmed that the parties have settled the dispute. 3. The alleged incident occurred on 07.01.2008 at about 6.30 p.m. It is alleged that petitioners assaulted respondent No.1 with stick on the head, caused grievous hurt and attempted to cause his death. Learned counsel submitted that there was a police case concerning the incident attributing only offences punishable under Sections 324 and 294(b) read with Section 34 of the Code as C.C.No.743 of 2008 of the court of learned Judicial First Class Magistrate, Kolencherry which was compounded and disposed of under Section 320(8) of the Code of Criminal Procedure as per order dated 31.12.2010. Learned counsel has given me a copy of the said order for perusal which states so. Crl.MC No.4700/2010 2 4. It is unsatisfied with the police case that respondent No.1 filed a private complaint and cognizance was taken for offences punishable under Sections 326 and 307 of the Code. Annexure-A2 is the affidavit of respondent No.1 which states that the matter is settled between parties. The fact of settlement is confirmed by the learned counsel for respondent No.1 and the learned Public Prosecutor. Parties are closely related. In these circumstances I am inclined to allow this petition. Resultantly this petition is allowed. Proceedings in S.C.No.243 of 2009 of the court of learned Additional Assistant Sessions Judge-I, Ernakulam against petitioners are quashed. THOMAS P.JOSEPH, Judge. cks