IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Crl.MC.No. 1533 of 2011() ------------------------------------- CRIME NO.249/2011 OF VIDYA NAGAR POLICE STATION, KASARAGOD. ................ PETITIONER/DEFACTO COMPLAINANT: ---------------------------------------------------------- C.M. MUNEER, S/O.MUHAMMED M.M. HOUSE, BALADUKKAM, CHERKALAM, KASARGOD DISTRICT. BY ADV. SRI.M.S.IMTHIYAZ AHAMMED RESPONDENTS/ACCUSED 1, 3, 5: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE VIDYA NAGAR POLICE STATION, KASARGOD-671 121. 3. K. FAIZAL, S/O.ABOOBACKER KANIYADUKKAM HOUSE, NEAR G.H.S.S., CHERKALA CHENGALA ,KASARGOD DISTRICT-671 541. 4. MASHHOOK, S/O. B.K. MUHAMMED, MUBARAK MANZIL, CHAMBALLAM, BERKA, KASARGOD DISTRICT-671 121. 5. AJAKSHAN, S/O.CHACKO JOSEPH NEW WORLD QUARTERS, ALAMPADY P.O., VALIYAMOOLAM VIA, 4TH MILE, KASARGOD DISTRICT-671 121. R1 & R2 BY PUBLIC PROSECUTOR MR.JAYASURYA. R3 TO R5 BY ADV. SRI.SHIRAZ ABDULLA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1533 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE F.I.R 249/2011 DATED 05/05/2011. ANNEXURE B: COPY OF THE F.I.R. 247/2011 DATED 05/05/2011. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.1533 & 1534 of 2011 ==================================== Dated this the 14th day of June, 2011 O R D E R These petitions relate to Crime Nos.249 of 2011 and 247 of 2011, respectively of Vidya Nagar Police Station (I am told that it is a case and counter case). In Crl.M.C. No.1533 of 2011 respondents 3 to 5 are accused 1, 3 and 5 (I am told that accused 2 and 4 in the FIR were deleted from the array of accused in the final report) for offences punishable under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code for alleged attack on the petitioner/de facto complainant. In Crl. M.C. No.1534 of 2011 respondents 3 to 8 are accused 1 to 6 for offences punishable under Sections 143, 147, 148 341 323 and 324 read with Section 149 of the Indian Penal Code. Parties have settled the dispute and accordingly filed joint petitions in the respective cases signed by themselves and counsel. On the strength of the settlement it is prayed that the proceedings against accused may be quashed. I have heard learned counsel for petitioners, respondents-accused and learned Public Prosecutor. Learned Public Prosecutor on getting instruction submitted that parties CRL.M.C. Nos.1533 & 1534 of 2011 -: 2 :- have settled the dispute. Counsel for petitioners and respondents confirmed authenticity and genuineness of the joint petitions filed in both the cases. It is revealed from the said petitions that the parties have settled the dispute and there is no chance of a successful prosecution. Hence I am inclined to allow the petitions. Resultantly, Criminal Miscellaneous Cases are allowed. Proceedings in Crime Nos.247 of 2011 and 249 of 2011 of Vidya Nagar Police Station and final report if any submitted and further action if any taken by the learned Judicial First Class Magistrate-I, Kasargod against accused are quashed. THOMAS P. JOSEPH, JUDGE. vsv