IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 Crl.MC.No. 5091 of 2010() ------------------------- CC.381/2010 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER(S): RESPONDENT NO.1: --------------------------------------------------------- 1. VIJAYAN, AGED 32 YEARS, S/O.SANKARAN, KORATHVALAPPIL HOUSE, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR DISTRICT. 2. SUMESH, AGED 37 YEARS, S/O.SANKARAN, KUTTANNALLOR, MARASHERI, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR DISTRICT. 3. SUBASH, AGED 34 YEARS, S/O.SANKARAN, KUTTANNALLOR, MARASHERI, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR DISTRICT. 4. AJAYAN, AGED 32 YEARS, S/O.AYYAN, KORATHVALAPPIL HOUSE, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR DISTRICT. 5. BABURAJ @ BABU, AGED 33 YEARS, S/O.SANKARANARAYAN, VALLIYAPURAKKAL HOUSE, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.BINU B.SAMUEL, SRI.T.K.SHAIJU. Kss ..2/- ..2.... CRMC.NO.5091/2010 RESPONDENT(S): --------------------------- 1. BICKLAK, AGED 24 YEARS, S/O.JOY, KALLUVEETTIL HOUSE, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR DISTRICT - 680 001. 2. SUNITH, AGED 22 YEARS, VALIYAPURAKKAL HOUSE, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR DISTRICT - 680 001. 3. RAHUL, AGED 19 YEARS, S/O.UDAYAN, THEKKINIYEDATH KUNDIYIL HOUSE, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR DISTRICT - 680 001. 4. STATE OF KERALA, REPRESENTED BY THE SHO, OLLUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R4 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR BY ADV. SRI.IEANS.C.CHAMAKKALA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.5091 of 2010 ==================================== Dated this the 12th day of January, 2011 O R D E R Petitioners are accused Nos.1 to 5 in C.C. No.381 of 2010 of the court of learned Judicial First Class Magistrate-III, Thrissur for offences punishable under Sections 143, 147, 148, 323 and 324 read with Section 149 of the Indian Penal Code. Petitioners attacked respondent Nos.1 to 3 with deadly weapons like sword and voluntarily caused hurt. There was a counter case against respondent Nos.1 to 3 which was quashed by this Court as per order dated January 06th, 2011 taking note of the settlement between the parties. In this case also a settlement has been reached between petitioners and respondent Nos.1 to 3. They have filed a joint petition (Crl. M.A. No.8310 of 2010) requesting to compound the offence. It is revealed from that petition that parties have amicably settled the dispute between them and respondent Nos.1 to 3 do not intend to proceed with the case further. I have heard learned counsel for petitioner, respondent Nos.1 to 3 and the learned Public Prosecutor. 2. Having regard to the settlement reached between the CRL.M.C. No. 5091 of 2010 -: 2 :- parties, to maintain the harmonious relationship now existing between them, considering the fact that dispute is personal among petitioners and respondent Nos.1 to 3 and in the light of the settlement there is no possibility of a successful termination, I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. All proceedings in C.C. No.381 of 2010 of the court of learned Judicial First Class Magistrate-III, Thrissur including the final report submitted therein against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv