IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 1095 of 2011() ------------------------- CC.48/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... (CRIME NO.9/2002 OF ATTINGAL POLICE STATION) .... PETITIONER(S): 3RD ACCUSED: ------------------------------------------------- BINU, S/O.SATHYASEELAN, KATTAKALIL HOUSE, ANACHAL DESOM, VAMANAPURAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM - 31. 2. SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION - 695 006. 3. SANTHOSHKUMAR @ KUNJUMON, EZHAVARKONATHUVEETTIL, ELAMBA VILLAGE, ELAMBA DESOM - 695 685. 4. OMANA, D/O.SARADA, DO...DO...DO...695 685. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R3 & R4 BY ADV. SRI.R.ARUN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1095 of 2011 -------------------------------------- Dated this the 27th day of May, 2011. ORDER Petitioner is third accused in Crime No.9 of 2002 of Attingal Police Station and C.C.No.48 of 2005 of the court of learned Judicial First Class Magistrate-I, Attingal for offences punishable under Sections 452 and 324 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case is that petitioner and others in furtherance of their common intention trespassed into the house of respondents 3 and 4 and attacked them with sword. Overt acts are attributed to accused 1, 2 and 4. Accused 1, 2 and 4 faced trial and were acquitted for want of identity. Now petitioner is facing trial in C.C.No.48 of 2005. In the meantime petitioner has reached a settlement with respondents 3 and 4 and on the strength of that, seeks to quash the proceeding against him. I have heard learned counsel for petitioner, respondents 3 and 4 and the learned Public Prosecutor. 2. Learned counsel for petitioner and respondents 3 and 4 have confirmed the settlement. Learned counsel for respondents 3 and 4 has also confirmed authenticity and genuineness of Annexures-A3 and A4, affidavits sworn by respondents 3 and 4 where it is stated that they have settled the dispute with petitioner and that they have no further grievance in the matter. Crl.MC No.1095/2011 2 3. Learned Public Prosecutor on getting instruction has submitted that there is no other case registered against petitioner at Attingal Police Station. Learned counsel for petitioner has assured this Court that petitioner is not involved in any other case. At the relevant time petitioner was aged 23 years. Overt acts are attributed to accused 1, 2 and 4 who are already acquitted. Having regard to these circumstances I am inclined to think that continuing the proceeding against petitioner is of no use as respondents 3 and 4 are unlikely to support the prosecution. I also take into account the circumstance stated by learned counsel that the incident occurred in connection with a dispute regarding ganamela conducted in the course of a temple festival. In the above circumstances I am inclined to allow the request. Resultantly Criminal Miscellaneous Case is allowed. Final report in Crime No.9 of 2002 of Attingal Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.48 of 2005 of the court of learned Judicial First Class Magistrate-I, Attingal are quashed. THOMAS P.JOSEPH, Judge. cks Crl.MC No.1095/2011 3