IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 Crl.MC.No. 62 of 2011() ---------------------------- CC.585/2009 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED 1 TO 3 ---------------------------------------- 1. HASSAINAR.T.M. @ HASSAN, AGED 31 YEARS, S/O.MOHAMMED KUNHI, K.E.VALAPPU, THAYALANGADI, KASARGOD VILLAGE, KASARGOD TALUK. 2. SAMEER.U.A., AGED 31 YEARS, S/O.ABDUL KHADER, NAZEEM MANZIL, THAYALANGADI, KASARGOD. 3. SHAJAHAN, AGED 26 YEARS, S/O.KUNHAMMED @ KUNHAMU, SHAKEEFA MANZIL, THALANGARA, THALANGARA VILLAGE, KASARGOD TALUK. BY ADV. SRI.S.JIJI RESPONDENT(S): DEFACTO COMPLAINANTS & STATE -------------------------------------------------------------- 1. K.P.MOHAMMED RAIS, AGED 23 YEARS, S/O.ABDULLA, KARKODAN PUTHIYA VEEDU, BANGOD, JADID ROAD, THALANGARA, KASARGOD. 2. ABOOBACKER @ AKKUCHA, AGED 5O YEARS, S/O.MOHAMMED, GARDEN NAGAR, BANGOD, THALANGARA, KASARGOD. 3. STATE OF KERALA, REPRESENTED BY SHO., KASARGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & 2 BY ADV. SMT.LISHA.M.G. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.62 of 2011 --------------------------------------- Dated this 20th day of January, 2011 ORDER Petitioners are accused Nos.1 to 3 in Crime No.746 of 2008 of Kasargod Police Station for offences punishable under Sec.143, 147, 148, 341, 323, 324 and 363 r/w Sec.149 IPC. Case is that on 22.10.2008 at about 8 p.m petitioners attacked respondent No.1, the de facto complainant, he was forcibly taken in a car to the railway station and assaulted there. Police after investigation submitted Annexure-A1, final report concluding that petitioners have committed offences as above stated. Learned Chief Judicial Magistrate has taken cognizance of the said offences as against petitioners and has filed C.C.No.585 of 2009. It is stated that a settlement is reached between petitioners and respondent Nos.1 and 2, the injured/de facto complainant and the eye witness for the alleged incident and that respondent No.1 does not intend to proceed with the case further in view of the settlement. Annexures-A2 and A3, affidavits sworn by respondent Nos.1 and 2 are also appended to the petition. 2. I have heard learned counsel for petitioners, respondent Nos.1 and 2 and learned Public Prosecutor. Learned Crl.M.C.No.62 of 2011 -: 2 :- Public Prosecutor after getting instructions submitted that when the charging officer contacted respondent No.1, the de facto complainant who is now in Gujarat over telephone, he confirmed fact of settlement between parties. 3. Respondent No.2 is only an eye witness to the alleged incident. Fact of settlement is sworn to by him also in Annexure-A3, affidavit. Respondent No.1 in his affidavit (Annexure-A2) states that the matter is settled between him and petitioners. He even has denied the incident as alleged by the prosecution. 4. In the light of Annexure-A2, affidavit sworn by respondent No.1 which states that the dispute between the parties is settled, that fact is confirmed by the charging officer also as submitted by the learned Public Prosecutor, I do not consider that continuance of the proceedings is necessary. That would only affect the cordial relationship between the parties and there is no possibility of any successful completion of the proceedings in view of the stand of respondent Nos.1 and 2. No criminal antecedents also is reported against petitioner. Hence I am inclined to allow the petition. Crl.M.C.No.62 of 2011 -: 3 :- Resultantly this criminal miscellaneous case is allowed and Annexure-A1, final report in Crime No.746 of 2008 of Kasargod Police Station, the cognizance taken thereon and all further proceedings in C.C.No.585 of 2009 of the court of learned Chief Judicial Magistrate, Kasargod against petitioners will stand quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-