IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Crl.MC.No. 701 of 2011() ------------------------ SC.37/2011 of ASSISTANT SESSIONS COURT, HOSDRUG .................... PETITIONER/ACCUSED ---------------------- SURESHAN, AGED ABOUT 34 YEARS, (A5), S/O. KARUNAKARAN, KALLINGAL HOUSE, CHITHARI VILLAGE, HOSDURG, KASARAGOD DISTRICT. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): RESPONDENTS/COMPLAINANT/STATE -------------------------------------------- 1. P.K.RAJAN, AGED 33 YEARS, S/O. KOTTAN, RESIDING AT POYYAKARA HOUSE, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-673 121. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SIJU MATHEW PUBLIC PROSECUTOR: ADV SRI K J MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.701 of 2011 --------------------------------------- Dated this 16th day of March, 2011 ORDER Petitioner is the 6th accused in Crime No.76 of 2005 of Hosdurg Police Station for offences punishable under Secs.143, 147, 148, 341, 324 and 308 r/w Sec.149 of the Indian Penal Code. Prosecution case is that on 27.01.2005 at about 9.15p.m petitioner and others due to political enmity assaulted the de facto complainant with stick and iron rod. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with the first respondent, the de facto complainant. I have heard learned counsel for petitioner and learned Public Prosecutor. Learned Public Prosecutor after getting instruction submitted that parties have settled the case but pointed out that the area is known for political clashes. 2. All the other accused were acquitted for want of evidence as the matter was settled as seen from Annexure-A4, judgment. Only the first respondent and CW2 were examined and without even questioning the accused under Sec.313 of the Code of Criminal Procedure (for short, "the Code”) those accused were acquitted under Sec.235(1) of the Code. No overt act is attributed Crl.M.C.No.701 of 2011 -: 2 :- to the petitioner except that he is alleged to be a member of the unlawful assembly which allegedly acted in prosecution of the common object. Allegation is that had not the first respondent averted the blow with the iron rod, the blow would have become fatal. In these circumstances, I am inclined to accept the request of petitioner for composition based on the settlement since there is no purpose in proceeding with trial of the case. Resultantly this criminal miscellaneous case is allowed and the final report against petitioner/accused No.6 in Crime No.76 of 2005 of Hosdurg Police Station, cognizance taken thereon and proceeding against petitioner in S.C.No.37 of 2011 of the Court of learned Assistant Sessions Judge, Hosdurg are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-