IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 4001 of 2010(E) -------------------------------------- [CC.NO.1324/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONERS/ACCUSED: ------------------------------------ 1. MAHEEN ABU, AGED 31 YEARS, S/O.SHARAFUDHENN, KADAN CHIRAYIL HOUSE, PUNTHALATHAZHAM, VADAKKEVILA, KOLLAM DISTRICT. 2. SULFIKKAR, AGED 29 YEARS, S/O.SHARAFUDHENN, KADAN CHIRAYIL HOUSE, PUNTHALATHAZHAM, VADAKKEVILA, KOLLAM DISTRICT. 3. SHEFEEK, AGED 27 YEARS, S/O.SAINULADHEEN, THADAVILA VEEDU, KILIKOLLOOR CHERY, KILIKOLLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR. RESPONDENT/STATE: -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MAJEEDA BEEVI, AGED 54 YEARS, D/O.HASSAN BEEVI, AZHIKODAN NAGAR NO.805, KILIKOLLOOR CHERY, KILIKOLLOOR VILLAGE, KOLLAM. 3. NAVAS, AGED 30 YEARS, S/O.AHAMMED KOYA, AZHIKODAN NAGAR NO.805, KILIKOLLOOR CHERY, KILIKOLLOOR VILLAGE, KOLLAM. CRL.M.C.NO.4001/2010-E: 4. NIYAS, AGED 27 YEARS, S/O.AHAMMED KOYA, AZHIKODAN NAGAR NO.805, KILIKOLLOOR CHERY, KILIKOLLOOR VILLAGE, KOLLAM. 5. RIYAS, AGED 25 YEARS, S/O.AHAMMED KOYA, AZHIKODAN NAGAR NO.805, KILIKOLLOOR CHERY, KILIKOLLOOR VILLAGE, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR, R2 TO R5 BY ADV. SRI.LOWEL CHERIAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4001 of 2010 -------------------------------------- Dated this the 9th day of March, 2011. ORDER Petitioners are accused Nos.1, 2 and 5 in Crime No 100 of 2003 of Kilikollur Police Station and C.C.No.1324 of 2007 of the court of learned Judicial First Class Magistrate-I, Kollam for offences punishable under Sections 143, 147, 148, 452, 323 and 324 read with Section 149 of the Indian Penal Code (for short, “the Code”). Learned counsel submitted that accused other than petitioners were acquitted in C.C.No.1380 of 2003. Now the matter has been settled between petitioners and respondent Nos.2 to 5, the defacto complainant and injured. Hence it is prayed that proceeding against petitioners may be quashed. I have heard learned counsel and the learned Public Prosecutor. 2. Though offences punishable under Sections 143, 147 and 148 of the Code are involved the dispute is personal to and between petitioners and respondent Nos.2 to 5. Dispute has been amicably settled between petitioners and respondent Nos.2 to 5. Hence I am inclined to allow the request. Crl.MC No.4001/2010 2 Resultantly this petition is allowed. Annexure-A, final report against petitioners/accused Nos.1, 2 and 5 in Crime No.100 of 2003 of Kilikollur Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.1324 of 2007 of the court of learned Judicial First Class Magistrate-I, Kollam are quashed. THOMAS P.JOSEPH, Judge. cks