IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.MC.No. 1877 of 2011() ------------------------------------ CC.NO. 70/2011 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDURG CRIME NO.67/2006 OF CHANDERA POLICE STATION --------------------- PETITIONER(S): ACCUSED 1 -3 ---------------------------------------------- 1. YASAR @ JASAR, AGED 26 YEARS, S/O. ABOOBACKER, R/AT ATTIPPUVALAPPU, ORIMUKU.P.O, KAITHAKAD - 671 313, PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. T.K.C. KHALID, AGED 26 YEARS, S/O. RASHEED, PARAMBATH VEEDU, P.O. KATHIAKKAD - 61 313, CHERVATHUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. T.M.V. SALMAN, AGED 25 YEARS, S/O. ABDUL RASHEED HAJI, SHANASIR HOUSE, TAQUVA NAGAR, CHERUVATHUR VILLAGE, P.O. KAITHAKKAD - 671 313, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE AND CW NO.1 IE DEFACTO COMPLAINANT --------------------------------------------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.-31. 2. SUBOD.K.V, AGED 26 YEARS, S/O. SUKUMARAN.E, R/AT KALATHIL HOUSE, THAIKADAPPURAM.P.O - 671 314, NILESHWAR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY ADV. SRI.TOJAN J. VATHIKULAM R2 BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1877/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1: COPY OF THE CHARGE SHEET IN CC.NO.649 OF 2008 JUDICIAL FIRST CLASS MAGISTRATE COURT-1, HOSDURG. ANNEX AII: COPY OF THE JUDGMENT DATED 27/07/2010 IN CC.NO.649/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, HOSDURG. ANNEX AIII: COPY OF THE JUDGMENT IN CRL.M.C.NO.3987 OF 2010 DATED 07/12/2010. ANNEX AIV: COPY OF THE PROCEEDINGS PAPER IN CC NO.1073 OF 2010 AND IN CC NO.70 OF 2011. ANNEX AIV(A) COPY OF THE PROCEEDINGS PAPER IN CC NO.70 OF 2011. ANNEX AV: COPY OF THE ORIGINAL CONSENT LETTER DATED 17/06/2011 ISSUED BY THE 2ND RESPONDENT. ANNEX AVI: COPY OF THE AFFIDAVIT DATED 18/06/2011 OF THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1877 of 2011 --------------------------------------- Dated this 22nd day of June, 2011 ORDER Public Prosecutor takes notice for the first respondent. 2. Petitioners are accused 5, 10 and 11 in Crime No.67 of 2006 of Chandera Police Station for offences punishable under Secs.143, 147, 148, 341, 326, 427, 153A r/w Sec.149 of the Indian Penal Code. Case is that on 19.02.2006 at about 8p.m petitioners and others formed unlawful assembly, committed rioting armed with deadly weapons on account of communal ill feeling and assaulted second respondent/CW1 who was driving an Autorikshaw. Petitioners request to quash proceeding against them on the strength of Annexure-AII, judgment, Annexure-AIII, order and Annexures-AV and VI, consent letter and affidavit of the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 3. It is seen that some of the accused faced trial in C.C.No.649 of 2008 of the Court of learned Judicial First Class Magistrate-I, Hosdurg and were acquitted by Annexure-AII, judgment for want of evidence. Thereafter the first accused in Crl.M.C.No.1877 of 2011 -: 2 :- Crime No.67 of 2006 approached this Court with Crl.M.C.No.3987 of 2010 and as per Annexure-AIII, order dated December 07, 2010 that petition was allowed and proceeding against the first accused was quashed. Case against petitioners was refiled as C.C.No.70 of 2011. Learned counsel on both sides have confirmed the settlement between parties. They also confirmed genuineness and authenticity of Annexures-AV and VI. It is seen that the benefit of acquittal of some of the accused as per Annexure-AII, judgment was given to the first accused in Crime No.67 of 2006, vide Annexure-AIII, order. There is no reason why the same benefit should not be given to the petitioners who are also armed with a settlement with the second respondent. In the circumstances I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Proceeding against petitioners (accused 5, 10 and 11 in Crime No.67 of 2006 of Chandera Police Station) in C.C.No.70 of 2011 of the Court of learned Judicial First Class Magistrate-I, Hosdurg is quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-