IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Crl.MC.No. 1468 of 2011() ----------------------- CRIME NO. 206/2008 OF BAKEL POLICE STATION, KASARAGOD ........................ PETITIONERS / ACCUSED 1 TO 9 : ------------------------------------------------- 1. MUHAMMED HARIS, S/O.MUHAMMED SALI, AGED 31 YEARS, KANNIYIL HOUSE, UDMA WEST, UDMA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. SHABEER, S/O.ISMAIL, AGED 23 YEARS, RESIDING AT PAKKIYARA, UDMA VILLAGE, UDMA, HOSDURG TALUK, KASARAGOD DISTRICT. 3. SHAHID @ SAI, AGED 35 YEARS, S/O.MUHAMMED @ KOPRA MUHAMMED, KIZHAKKEKARA HOUSE, UDMA WEST, HOSDURG TALUK, KASARAGOD DISTRICT. 4. MUHAMMED RAIS, S/O.ABDUL GAFOOR, AGED 25 YEARS, RAMZEENA MANZIL, NEAR PAKKIYARA JUMA-MASJID, PAKKIYARA, UDMA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 5. AHAMED KABEER, S/O.ABDUL RAHIMAN, AGED 23 YEARS, PALLIKANDAM HOUSE, PALLIKKANDAM, UDMA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 6. FAIZAL, S/O.HASSAINAR, AGED 23 YEARS, KUNDOLAMPARA COLONY, KUNDOLAMPARA, UDMA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 7. K.A.HYDARALI @ HYDER, AGED 25 YEARS, S/O.ABDULLA, RESIDING AT KMJ QUARTERS, PALLIKKANDAM, KOTTIKULAM, HOSDURG TALUK, KASARAGOD DISTRICT. ...2/- Crl.MC.No. 1468 of 2011() -2- 8. C.M.ABDUL NAZAR @ NAZAR, AGED 25 YEARS, S/O.MOIDEEN KUNHI, RESIDING AT UDMA WEST, UDMA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 9. NAFIR, S/O.MOIDU, AGED 25 YEARS, RESIDING AT TRIKKANNAD, PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS / STATE AND DEFACTO COMPLAINANT : ---------------------------------------------------------------------------------- 1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BAKEL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.V.BALAKRISHNAN, AGED 48 YEARS, S/O.PAKKIRAN, KOTTAYATTVALAPPIL VEEDU, BEVOORI, UDMA VILLAGE AND POST, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671319. R1 BY PUBLIC PROSECUTOR SRI. MANU R2 BY ADV. SMT. SHAMSEERA C. ASHRAF THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1468 of 2011 ==================================== Dated this the 08th day of June, 2011 O R D E R Petitioners are accused facing trial in Crime No.206 of 2009 of Bakel Police Station and C.C. No.1114 of 2008 of the court of learned Judicial First Class Magistrate-II, Hosdurg for offences punishable under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of the Indian Penal Code. It is a clash between two political groups in connection with the local body election. Petitioners say that they have settled the dispute with the second respondent (the sole injured as the learned counsel submits) and seek to quash proceedings against them. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. Learned Public Prosecutor after getting instruction submitted that second respondent has given a statement to the police that he has no interest in prosecuting the matter further. Annexure-A6 is the affidavit of second respondent attested by a Notary Public where it is stated that second respondent does not want to proceed further in the matter and he has no objection in quashing proceedings against petitioners. Learned counsel for CRL.M.C. No.1468 of 2011 -: 2 :- petitioners and second respondent have confirmed the settlement. Learned counsel for second respondent has also confirmed authenticity and genuineness of Annexure-A6, affidavit. It is contended by learned counsel that in Annexure-A2, FIR only four persons were named as accused but when Annexure-A4, final report was filed those persons were omitted and petitioners were implicated. 2. Having regard to the nature of the offence alleged, the fact that parties have settled the dispute and there is no possibility of the case ending in conviction, I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Proceedings against petitioners in C.C. No.1114 of 2008 of the court of learned Judicial First Class Magistrate-II, Hosdurg (Crime No.206 of 2009 of Bakel Police Station) are quashed. THOMAS P. JOSEPH, JUDGE. vsv