IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Crl.MC.No. 4076 of 2009() ------------------------- CP.17/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... (CRIME NO.975/2009 OF CENTRAL POLICE STATION, ERNAKULAM) PETITIONER(S): ACCUSED 1 TO 4 & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------------------- 1. SAJEED P.G., S/O.GAFOOR, AGED 22 YEARS, PALATHINGAL HOUSE, MATTANCHERY, KOCHI-2. 2. TANSEER T.S., S/O.HAMSA E.K., AGED 23 YEARS, THAIPPILODATH HOUSE, THAMMANAM P.O., KOCHI-32. 3. HARIS M.S., S/O.SALIM, AGED 20 YEARS, MUTTEKKAL HOUSE, VATTEKUNNAM, EDAPALLY. 4. NIYAS T.N., S/O.NAZEER, AGED 19 YEARS, MANFEEL HOUSE, KADEBHAGAM, PALLURUTHY. 5. DEEPU M.NAYAR, S/O.MADHUSOODANAN NAIR, AGED 21 YEARS, KOCHILIL HOUSE, NEAR M.S.JUNCTION, PALLILAMKARA, THRIKKAKKARA. BY ADVS. MRI.K.NIKHIL NAENDRANATH, SMT.NAMITHA JYOTHISH. RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4076 OF 2009 =========================== Dated this the 16th day of December,2009 ORDER Petitioners 1 to 4 are the accused and fifth petitioner the de facto complainant in C.P.17/2009 taken cognizance for the offences under sections 323, 324, 506(i), 326, 308 read with section 34 of Indian Penal Code. Petitioners have earlier filed Crl.M.C 3009/2009 to quash the F.I.R. By Annexure 2 order dated 16.9.2009, F.I.R for the offences under sections 323,324, 506(i), 326 read with section 34 of Indian Penal Code was quashed. When Annexure 2 order was passed, it was not brought to the notice of the court that a final report has already been submitted before the court and the learned Magistrate has taken cognizance of offences including offences under section 308 of Indian Penal Code. Though Crl.M.C.4076/2009 2 petitioners filed Crl.M.Appl.6433/2009, thereafter for a clarification that the offence under section 308 of Indian Penal Code was also to be treated as quashed by Annexure 4 order, it was found that an offence under section 308 of Indian Penal Code cannot be held to be quashed by Annexure 2 order. It is in such circumstance, this petition is filed. Annexure 2 order shows that this court has already accepted the case of the petitioners that there has been a complete settlement of all the disputes between the parties. Though an offence under section 308 of Indian Penal Code is also alleged, no serious injury was caused. In such circumstance, when there is a settlement of the disputes and accepting the settlement F.I.R has already been quashed by Annexure 2 order, the offences under section 308 of Indian Penal Code is also to be quashed. Petition is allowed. C.P.17/2009 on the file of Judicial First Class Magistrate Court-II, Ernakulam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.4076/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006