IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 Crl.MC.No. 785 of 2011() ----------------------------------- AGAINST THE ORDER DATED 09/11/2010 IN CC 135/2008 IN CC.933/2010 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRIME NO.38/2003 OF NALLALAM POLICE STATION. .................... PETITIONER(S): ACCUSED ------------------------------------- P.K.ABDUL LATHEEF, S/O.ALIKUTTY, 26/03, APPATA (HOUSE), CHERUVANNUR AMSOM, NALLALAM BAZAAR, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): DEFACTO COMPLAINANT AND STATE -------------------------------------------------------------------------------- 1. P.MOHAMMED NIZAR, S/O.KOYAMMED, POOKKAD HOUSE, P.O. OLAVANNA, KOZHIKODE DISTRICT-673025. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.HANSON.P.MATHEW R2 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.785 of 2011 ==================================== Dated this the 14th day of March, 2011 O R D E R Petitioner is accused in Crime No.38 of 2003 of Nallalam Police Station and C.C. No.933 of 2010 of the court of learned Judicial First Class Magistrate-V (split up from C.C. No.384 of 2004 and C.C. No.135 of 2008). Petitioner seeks to quash proceeding against him on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. Learned counsel for first respondent confirmed the settlement and authenticity of Annexure-C, affidavit sworn by the first respondent before the Notary Public. 2. Case is that petitioner along with other accused trespassed into a Madrassa where the first respondent was working as a Teacher and assaulted him. Motive for the alleged incident is enmity due to the appointment of first respondent as Teacher in the said Madrassa. It is submitted that the other accused who faced trial are acquitted. Though acquittal of other accused is not a ground to quash proceeding against against petitioner, I am inclined to consider the submission of learned CRL.M.C. No.785 of 2011 -: 2 :- counsel that the dispute is settled. Offences involved are under Sections 143, 147, 447 and 323 read with Section 149 of the Indian Penal Code. Though unlawful assembly is involved, allegation is trespass into the Madrassa and assault of the first respondent on account of enmity due to the latter being appointed as a Teacher in the said Madrassa. No weapon is allegedly used by the petitioner or any other accused. In the circumstances I am inclined to treat the dispute as personal to and between petitioner and first respondent which is settled between the parties as seen from Annexure-C. Hence I am inclined to allow this petition. Criminal Miscellaneous Case is allowed. Final report in Crime No.38 of 2003 of Nallam of Police Station, cognizance taken thereon and proceeding in C.C. No.933 of 2010 of the court of learned Judicial First Class Magistrate-V, Kozhikode are quashed. THOMAS P. JOSEPH, JUDGE. vsv