IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 Crl.MC.No. 776 of 2011() ------------------------ CC.388/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD CRIME NO.85 OF 2007 OF KOTTAYI POLICE STATION, PALAKKAD .................... PETITIONER(S): ACCUSED ---------------------- 1. YUSUFF, S/O.MUHAMMED, AGED 24 YEARS, KUNNINPURAM HOUSE, THOLANNUR, PALAKKAD. 2. MUHAMMED SHAFI @ SHAFI, S/O.SUBAIR, AGED 22 YEARS, THEKKUMURI HOUSE, THOLANNUR, PALAKKAD. 3. VINU, S/O.MOHANAN, AGED 22 YEARS, VITTIKKARA HOUSE, THOLANNUR, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): INJURED AND STATE -------------------------------- 1. SALIM, S/O.ABDUL KAREEM, AGED 38 YEARS, PARAVANI, KUTHANOOR, PALAKKAD-678024. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.PREETHY R. NAIR FOR R1 R2 BY P.P.SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.776 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 17th day of March 2011 O R D E R Petitioners are accused in Crime No.85 of 2007 of Kottayi Police Station and C.C.No.388 of 2007 of the Court of learned Judicial First Class Magistrate-I, Palakkad for offence punishable under Sections 341, 326 r/w Section 34 of the Indian Penal Code. The case is that on account of enmity arising from a dispute regarding erection of a cutout in connection with the meeting of cattle merchants petitioners on 31.5.2007 wrongfully restrained and voluntarily caused hurt to PW2 with a soda bottle. Petitioners request to quash the proceeding on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and the first respondent have confirmed the settlement. Learned Public Crl.M.C. No.776 of 2011 -: 2 :- Prosecutor after getting instruction submitted that parties have settled the dispute. It is also submitted by the learned Public Prosecutor that it is not reported that petitioners are involved in any other case. Learned counsel for first respondent has confirmed authenticity of signature of the first respondent in the joint petition which is signed by counsel for the first respondent also. Counsel on both sides submitted that petitioners have paid sufficient compensation to the first respondent. In these circumstance I am inclined to accept the composition and allow prayer of petitioners. Resultantly this Crl.M.C. is allowed. Final report in Crime No.85 of 2007 of Kottayi police station, cognizance taken and proceeding against petitioners in C.C.No.388 of 2007 of the Court of Judicial First Class Magistrate-I, Palakkad are quashed. THOMAS P. JOSEPH, JUDGE. Jvt