IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Crl.MC.No. 43 of 2011() ----------------------- CRIME NO.2066 OF PALLURUTHY POLICESTATION PETITIONER(S): ACCUSED ---------------------- WILLIAMS, AGED 45 YEARS, S/O. GEORGE ELANJIKAL HOUSE, INDIRA LANE, MOTHER THERESA JUNCTION, CHULLICKAL, ERNAKULAM DISTRICT BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNKAULAM (REPRESENTING THE SUB INSEPCTOR OF POLCIE, PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT) 2. GEROGE JOSEPH, AGED 28 YEARS, S/O. PAILY POTHANADU HOUSE, NEAR VETERINARY HOSPITAL, PAZHANGADU, KUMBALANGHI, ERNAKULAM DISTRICT ADV. SRI.NAVEEN THOMAS FOR R2 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.43 of 2011 -------------------------------------- Dated this the 4th day of February, 2011. ORDER Petitioner is accused in Crime No.2066 of 2010 of Palluruthy Police Station for offences punishable under Sections 294(b) and 326 of the Indian Penal Code. Case is that on 26.12.2010 in the course of a birthday party there was a quarrel in which petitioner is said to have used obscene words and assaulted respondent No.2 with a plastic chair causing fracture of the facial bone. Respondent No.2 has sworn an affidavit stating that the matter is settled between him and the petitioner. 2. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. Learned Public Prosecutor has confirmed that there was a settlement originally and then it was decided that the case need not be filed. 3. It is seen from the affidavit of respondent No.2 that subsequent to registration of the case there was a mediation and in that mediation the matter was settled. He is not interested in proceeding with the case. In view of the settlement between parties there is no possibility of a successful culmination of the prosecution. Hence I am inclined to allow this petition. Crl.MC No.43/2011 2 Resultantly this petition is allowed. The FIR in Crime No.2066 of 2010 of Palluruthy Police Station and further proceeding thereto against petitioner are quashed. THOMAS P.JOSEPH, Judge. cks