IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Crl.MC.No. 240 of 2011() ------------------------ CC.1122/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... (CRIME NO.146/2007 OF KALPAKANCHERY POLICE STATION) ... PETITIONER(S): ACCUSED NO.1 TO 3: --------------------------------------------------------- 1. ABDUL AZEEZ,AGED 29 YEARS, S/O.KOYAMU HAJI,CHOVAPRA HOUSE,KANMANAM AMSOM DESOM,TIRUR,MALAPPURAM. 2. ABDUL KAREEM,AGED 32 YEARS, S/O.KOYAMU HAJI,CHOVAPRA HOUSE,KANMANAM AMSOM DESOM,TIRUR,MALAPPURAM. 3. MOHAMMED AYOOB,AGED 42 YEARS, S/O.KOYAMU HAJI,CHOVAPRA HOUSE,KANMANAM AMSOM DESOM,TIRUR,MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY S.I.OF POLICE,KALPAKANCHERRY,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. MARIKAR,AGED 49 YEARS,S/O.MOHAMMED HAJI, PUTHEN VALAPPIL HOUSE,KANMANAM AMSOM DESOM, TIRUR,MALAPPURAM-676 101. R1 BY PUBLIC PROSECUTOR SRI. BABU SREEDHARAN R2 BY ADV. SRI.P.G.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2011 ALONG WITH CRMC NO. 241 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ------------------------------- Crl.M.C.Nos.240 of 2011 & 241 of 2011 ------------------------------- Dated this the 1st day of February, 2011. O R D E R Petitioners are accused in a case and counter case registered by the Tirur police and pending in the court of learned Judicial First Class Magistrate-Tirur, for trial. Crl.M.C.No.240 of 2011 is filed by accused nos.1 to 3 in Crime No.146 of 2007 of Kalpakanchery police station for offence punishable under sections 323 and 324 r/w section 34 of Indian Penal Code. That case was registered on the information given by respondent no.2, the defacto complainant. Police submitted a final report against petitioners/accused nos.1 to 3 and the learned Judicial First Class Magistrate-Tirur has taken cognizance and filed C.C.No.1122 of 2007. Respondent no.2 in Crl.M.C.No.240 of 2011 is among the accused in Crime No.145 of 2007 of the same police station where police submitted a final report against them for offences punishable under section 341 and 324 r/w section 34 of the Penal Code. Learned Judicial First Class Magistrate-Tirur 2 Crl.M.C.Nos.240 of 2011 & 241 of 2011 has taken cognizance of the said offences and filed C.C.No.1145 of 2007. 2. Now parties have settled the dispute among them and executed Annexure A5 agreement as per which it is agreed between the parties that both the cases are to be withdrawn. 3. I have heard learned counsel for petitioners, respondent no.2 and the learned Public Prosecutor. Learned Public Prosecutor after getting instruction has submitted that the parties have settled the dispute. 4. Considering the nature of the offence which are not serious in nature, the facts of the case and the settlement between the parties, that the offence alleged are personal to and between the parties hereto and since there is no possibility of successful culmination of the prosecution in view of the settlement, I am inclined to interfere. Resultantly, these petitions are allowed in the following lines :- 1) Final report in Crime No.146 of 2007 of 3 Crl.M.C.Nos.240 of 2011 & 241 of 2011 Kalpakanchery police station, cognizance taken thereon and proceedings in C.C.No.1122 of 2007 of the court of learned Judicial First Class Magistrate-Tirur to the extent it concerned petitioners/accused nos.1 to 3 are quashed. 2) Final report in Crime No.145 of 2007 of Kalpakanchery police station, cognizance taken thereon and proceedings in C.C.No.1145 of 2007 of court of learned Judicial First Class Magistrate-Tirur to the extent it concerned petitioners/accused in Crl.M.C.No.241 of 2011 are quashed. THOMAS P.JOSEPH, Judge ami/