IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 Crl.MC.No. 767 of 2011() ------------------------ CC.446/2010 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONERS/ACCUSED 1 TO 5: ------------------------------ 1. MUHAMMED JAFFER K.A., AGED 29 YEARS, S/O.ABDULLA KAMBAR, PALATHOTTY HOUSE, KUNNIL, MOGRAL PUTHUR, KASARGOD. 2. USSAIN, AGED 32 YEARS, S/O.PALLIKUNI ABDULLA, PALLATHI HOUSE, MOGRAL PUTHUR, KASARGOD. 3. ABDUL RAHIMAN, AGED 21 YEARS, S/O.ABDUL KUNHI, RAHMATH MANZIL, KUNNIL, K.K.ROAD, MOGRAL PUTHUR, KASARGOD. 4. RIZWAN MOIDEEN @ MOHAMMED RIZWAN, AGED 23 YEARS, S/O.BAVA MOIDEEN, K.K.ROAD, KUNNIL HOUSE, MOGRAL PUTHUR, KASARGOD. 5. ABDULLA.K.A., AGED 20 YEARS, S/O.ABDUL RAHIMAN, KUNNIL HOUSE, K.K.ROAD, MOGRAL PUTHUR, KASARGOD. BY ADV. SRI.S.JIJI RESPONDENTS/ DEFACTO COMPLAINANT & STATE: ------------------------------------------- 1. NAVEEN SHETTY, AGED 19 YEARS, S/O.SHANKARA SHETTY, SHIRIBAGILU, SHIRIBAGILU VILLAGE, KASARGOD-671258 2. THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, KASARGOD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.LISHA.M.G. FOR R1 PUBLIC PROSECUTOR : ADV SRI K J MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.767 of 2011 --------------------------------------- Dated this 17th day of March, 2011 ORDER Petitioners are accused 1 to 5 in Crime No.210 of 2010 of Kasaragod Police Station and C.C.No.446 of 2010 of the Court of learned Chief Judicial Magistrate, Kasaragod for offences punishable under Secs.143, 147, 148, 323 and 324 r/w Sec.149 of the Indian Penal Code. Prosecution case is that on 06.03.2010 at about 2.45p.m petitioners assaulted the first respondent on the impression that he is the cleaner of a bus which was involved in a motor accident. The allegation is that first respondent was assaulted with a stick. Petitioners have settled the dispute with first respondent and accordingly seek to quash proceeding against them. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for petitioners and the first respondent confirmed the settlement. Learned counsel for first respondent has also confirmed authenticity of signature of first respondent in Annexures-3 and 4, joint petition and the affidavit. Learned Public Prosecutor after getting instruction submitted that the dispute is settled between the parties. Crl.M.C.No.767 of 2011 -: 2 :- 2. Though offence relating to public tranquility is also incorporated, pure and simple it is a dispute between petitioners and the first respondent involving offence punishable under Sec.324 of the Penal Code. The dispute is settled between the parties. In view of that settlement it is not necessary to continue the proceeding. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.210 of 2010 of Kasaragod Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.446 of 2010 of the Court of learned Chief Judicial Magistrate, Kasaragod are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-