IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 Crl.MC.No. 593 of 2011() ---------------------------------- S.C.NO.192/2010 OF ADDITIONAL SESSIONS COURT (ADHOC) FAST TRACK III, MANJERI -------------------------------- PETITIONER(S): ACCUSED 1 TO 8 ------------------------------------------------- 1. SALAM ISMAIL, S/O.V.M.ISMAIL, AGED 23 YEARS, VALIYAVEETTIL HOUSE, MUDAVOOR PO, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. DAVIS, S/O.P.V.DOMINIC, PARACKAL HOUSE, NORTH PARAVUR, ERNAKULAM DISTRICT. 3. LINO GEORGE, S/O.GEORGE JOSEPH, KOODALIL HOUSE, THALAYOLAPARAMBU, KOTTAYAM DISTRICT. 4. SANDEEP BABU, S/O.RAMESH KUMAR, SARASWATHI HOUSE, THALAPPU, KANNUR. 5. SAMJAD SADIQUE, S/O.SADIQUE ALI, KOLLATHUVEETTIL HOUSE, KODUNGALLOOR, THRISSUR DISTRICT. 6. DEEPAK BALACHANDRAN, S/O.BALACHANDRAN, PRANAVAM HOUSE, POONKUNNAM, THRISSUR. 7. DEVI DARSHAN, S/O.JAYAKUMRAR.S., LAKSHMI NIVAS, PALAKKAD TOWN, PALAKKAD DISTRICT. 8. DELEEP BOSE, S/O.MADHAVAN CHANDRA BOSE, ASHIRVAD HOUSE, PARAMBATHU, KUNDUPARAMBU, KOZHIKODE DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): DEFACTO COMPLAINANT AND STATE ---------------------------------------------------------------------------------- 1. AHAMMED RIZA, S/O.HAMSA, MANJALIKKAL HOUSE, NEAR KAUSTHUBHAM AUDITORIUM, THRISSUR AMSOM, THRISSUR DISTRICT.PIN-685 001 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SANTHARAM.P R2 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.593 of 2011 --------------------------------------- Dated this 24th day of February, 2011 ORDER Petitioners are accused Nos.1 to 8 in Crime No.106 of 2007 of Kuttipuram Police Station and S.C.No.192 of 2010 of Additional Sessions Court (Fast Track-III), Manjeri for offences punishable under Secs.143, 147, 148, 323, 324 and 308 r/w Sec.149 of the Indian Penal Code. Learned Magistrate took cognizance of the offences based on Annexure-A2, final report and committed the case for trial to the Sessions Court. Petitioners seek to quash proceedings against them on the strength of a settlement reached with first respondent, the de facto complainant. I have heard learned Public Prosecutor also. 2. Case is that on 11.04.2007 at about 11.15 p.m on account of enmity due to publication of the college magazine petitioners who are college students assaulted the first respondent/CW1, a student of their batch. It is alleged that first and third petitioners used iron rods while second respondent used a punch. It is seen from the affidavit of first respondent and Crl.M.A.No.1179 of 2011 that parties have settled the dispute. Compounding petition is signed by counsel for parties as well. Crl.M.C.No.593 of 2011 -: 2 :- 3. Admittedly petitioners and first respondent are college mates belonging to the same batch and a dispute regarding publication of magazine resulted in the incident. The dispute has been settled between parties. Considering the future of petitioners, fact of settlement and since there is no possibility of successful culmination of the prosecution I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.106 of 2007 of Kuttipuram Police Station, cognizance taken thereon and proceeding in S.C.No.192 of 2010 of Additional Sessions Court (Adhoc) Fast Track-III, Manjeri against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-