IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.MC.No. 4365 of 2010() ------------------------- ( CP.19/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONERS A1 TO A8 -------------------------------------- 1. BABU VARGHESE, S/O. VARGHESE, AGED 49, GC KODANKANDATH VEEDU, LAVENDER GARDENS APRTMENTS MUKKOLA JUNCITION, KUDAPPANAKUNNU. (A1) 2. VENUGOPAL, S/O. MADHAVAN PILLAI,AGED 45, VIJAYA BHAVAN, AMBALATHUM NADA, MANNANTHALA WARD, PERMANENTLY RESIDING AT SYAMALA VILASOM VEEDU, NEAR MADAVOOR, LPS, VILAKKADU WARD, MADAVOOR VILLAGE, CHIRAYINKIL TALUK. (A2) 3. JAYAN @ PANTHOM JAYAN, S/O. PRABHAKARAN, AGED 29, TC 16/699, KULAMNIKATHIYA VEEDU, JAGATHY DESOM, THYCAUD VILLAGE. (A3) 4. SURAJ, S/O. SURENDRAN, AGED 21, CHARUVILA PUTHEN VEEDU, VALIYAKUNNU, -DO- WARD, KEEZHVILAM VILLAGE (A4) 5. BINUMOD, S/O. VIJAYAKUMAR, AGED 22, ANU NIVAS, OPPOSITE ATTINGAL VALIYAKUNNU GUEST HOUSE, KEEZHUVILLI, VILLAGE (A5) 6. PRADEEP @ PANTHOM PRADEEP, S/O. PRABHAKARAN, AGE 31, CHULAKALATHIL VEEDU, TC 16/699, JAGATHY DESOM, THYCAUD VILLAGE (A6) 7. SIBY, S/O. MOHANDAS, AGED 29, THEKKEVILA VEEDU, VALIYAKUNNU, CHITTANTTINKARA DESOM, AVANAVANCHERY VILLAGE (A7) 8. XAVIER, S/O. KOCHAPPU, AGED 48/09 VAROTTIYIL VEEDU, NADAVARAMBU, VELLAKALLUR VILLAGE IRINJALAKUDA DESOM, TRICHUR DISTRICT (A8) BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENTS/STATE & CW 1 -------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PEROORKADA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AJI, S/O. CHANDRA BABU, AGED 24 (CW1) AJI BHAVAN, SHIVAJI NAGAR, KALLAYAM, NEDUMON WARD, VATTAPARA VILLAGE. R1 BY PUBLIC PROSECUTOR, SRI.M.R.VENUGOPAL R2 BY ADV. SRI.P.M.SANEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4365 OF 2010 =========================== Dated this the 18th day of November,2010 ORDER Petitioners are the accused in C.P.No.19/2010 on the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram taken cognizance for the offences under sections 143,147, 148, 149, 342, 323, 324, 367, 506(ii) and 120B read with section 149 of Indian Penal Code, on Annexure A final report. Petition is filed under section 482 of Code of Criminal Procedure to quash the cognizance taken contending that entire disputes were subsequently settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Petitioners have also produced Annexure B affidavit of the second respondent de facto complainant, the person who was abducted and Crl.M.C.4365/2010 2 injured to the effect that he has settled the disputes with the petitioners as the first petitioner is his father-in-law, had fully accepted him. Learned Public Prosecutor was directed to get instructions. Learned Public Prosecutor submitted that statement of the second respondent recorded shows that he does not want the case to be settled and instead wants the case to be decided by the court. Learned Public Prosecutor also made available the statement so recorded. 3. On hearing the learned counsel, the second respondent and the learned Public Prosecutor, I do not find that on the facts of the case, the case pending before the committal court is to be quashed as sought for. If the matter is settled and second respondent does not give any evidence against the petitioner and there is no other evidence, it may be that petitioner may be acquitted. But that is Crl.M.C.4365/2010 3 not a ground to quash the proceedings as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006