IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Crl.MC.No. 311 of 2010(B) ------------------------------------ [CC.NO.518/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-III, KOZHIKODE] .................... PETITIONERS: --------------------- 1. BAREESH,AGED 22 YEARS, S/O.BALAN,PALOT THAZHE KUNIYIL HOUSE, MADATHILOOR.P.O, ATHOLI,KOZHIKODE DISTRICT. 2. UMMER FAROOK,AGED 21 YEARS, S/O.SULAIMAN,KANDIYIL THAZHAM HOUSE, GURUVAYOORAPPAN COLLEGE.P.O,KOZHIKODE. 3. SUDHAS.V,AGED 23 YEARS,S/O.JAYADAS, CHALILPARAMBIL HOUSE,MALAPPARAMBA.P.O, KOZHIKODE. 4. SANDEEP,AGED 23,S/O.VENUGOPAL, SURABHI NIVAS,BALUSSERY.P.O,KOZHIKODE. 5. NIKTHESH,AGED 23,S/O.NAVEEN CHANDRAN, JAYA NIVAS,HEAD POST OFFICE.P.O, KOZHIKODE. BY ADVS. MR.S.K.SAJU, MR.A.RANJITH NARAYANAN, SMT.A.SIMI, SMT.VIDYA V.DEVAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. CRL.M.C. NO. 311/2009-B: 2. SREENATH,AGED 22,S/O.VISWANATHAN, 'GEETHALAYAM',KATTUR ROAD,MANKAVU.P.O, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR, R2 BY ADV.SMT.M.LISHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2010, ALONG WITH CRL.M.C NO. 314 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------------- CRL.M.C.NO.311 & 314 OF 2010 --------------------------------------------------- Dated 22nd March 2010 O R D E R Petitions are filed under Section 482 of Code of Criminal Procedure to quash the proceedings taken cognizance by the learned Chief Judicial Magistrate, Kozhikode in C.C.304/2009 and learned Judicial First Class Magistrate-III, Kozhikode in C.C.518/2008, contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. When the case was taken up on 17/2/2010 it was pointed out that there was no settlement of the disputes with all the injured and therefore, case cannot be quashed. Case was adjourned on the Crmc 311 & 314/10 2 submission of the learned counsel appearing for the petitioners that those injured persons will also appear and agree for composition. Learned counsel appearing for the petitioners submitted that one of the injured is not available and adjournment was sought for. When materials do not establish that there was a composition with all the injured, cognizance taken cannot be quashed as sought for on the basis of alleged settlement. Petitions are dismissed. Dismissal of the petitions will not prevent the petitioners from filing a fresh petition, when there is a composition with all the injured. M.SASIDHARAN NAMBIAR, JUDGE. uj.