IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1148 of 2011() ------------------------- C.C.NO.1582/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM CRIME NO.308/2008 OF MULANTHURUTHY POLICESTATION PETITIONER(S): ACCUSED ---------------------- SELVAN, AGED 29, S/O.BHASKARAN @ SUBRAMANIAN, PLAPPILLIL HOUSE, KORENCHIRA, KARIKKODE, MULANTHURUTHY-682314. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------- 1. MANIKANDAN @ HARIDAS, AGED 44, S/O.NARAYANAN ACHARI, VALIAVEEDU, KOLENCHIRA, KARIKODE, MULANTHURUTHY-682314. 2. STATE OF KERALA, REP. BY THE S.I. OF POLICE, MULANTHURUTHY POLICE STATION, (CRIME NO.308/08), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, ALONG WITH CRL.MC NO.1158/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.Nos.1148 and 1158 of 2011 --------------------------------------- Dated this 12th day of April, 2011 ORDER These criminal miscellaneous cases are filed by the petitioner/accused in Crime Nos.308 of 2008 and 380 of 2002 of Mulanthuruthy Police Station which have given rise to C.C.Nos.1582 of 2008 and 275 of 2003, respectively of the Court of learned Judicial First Class Magistrate-I, Ernakulam. C.C.No.1582 of 2008 is for offences punishable under Secs.323 and 294(b) of the Indian Penal Code (for short, "the IPC”) while C.C.No.275 of 2003 is for offences punishable under Secs.323 and 341 of the IPC. Petitioner who is same in both the cases requests this Court to quash proceeding against him on the strength of a settlement reached with the de facto complainant, the first respondent in these cases. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. 2. Learned counsel on both sides confirmed the settlement. Annexure-II is the affidavit of first respondent in both the cases. Learned counsel for first respondent has confirmed authenticity of the affidavits which are attested by the same counsel. It is seen Crl.M.C.No.1158/2011 2 from the affidavit that dispute between the parties is settled. Learned Public Prosecutor after getting instruction submitted that parties have settled the dispute. Having regard to the nature of the offences and settlement reached with the parties I am inclined to allow the petition. Resultantly these criminal miscellaneous cases are disposed of in the following lines: (i) Crl.M.C.No.1148 of 2011 is allowed. Final report in Crime No.308 of 2008 of Mulanthuruthy Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.1582 of 2008 of the Court of learned Judicial First Class Magistrate-I, Ernakulam are quashed. (ii) Crl.M.C.No.1158 of 2011 is allowed. Final report in Crime No.380 of 2002 of Mulanthuruthy Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.275 of 2003 of the Court of learned Judicial First Class Magistrate-I, Ernakulam are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-