IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Crl.MC.No. 13 of 2011() ---------------------------------- (CRIME NO.686/2010 OF KUTHIATHODE POLICE STATION,ALAPPUZHA DIST.) ....... PETITIONER(S): ACCUSED NOS. 1 TO 4: ------------------------------------------------------------ 1. SANKARAN @ PRASANTH, AGED 33 YEARS, S/O.SANTHAN, KAROKKARANIVARTH HOUSE, WARD NO.16 OF VAYALAR PANCHAYATH, PATTANAKKAD P.O., CHERTHALA. 2. ANEESH @ ADAR UNNI, AGED 25 YEARS, S/O.MOHANAN, KALAPURACKAL HOUSE, WARD NO.7 OF VAYALAR PANCHAYATH, PATTANAKKAD P.O., CHERTHALA. 3. KALESH, AGED 33 YEARS, S/O.KUMARAN, KALABHAVAN HOUSE, VALAMANGALAM SOUTH P.O., THURAVOOR,CHERTHALA. 4. SANALKUMAR @ SANAL, AGED 37 YEARS, S/O.SASIDHARAN, PULIMPARAMBUVELI HOUSE, PATTANAKKAD P.O.,CHERTHALA. BY ADVS. SRI.ASHIK K.MOHAMMED ALI, SRI.JACKSON MATHEW. RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING THE SUB INSPECTOR OF POLICE, KUTHIATHODE POLICE STATION, ALAPPUZHA DISTRICT). 2. VINEESH, AGED 23 YEARS, S/O.BABU, KUCHUVALAPPIL VEETTIL, KADAKARAPPALLY PANCHAYATH, WARD NO.XI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.13 of 2011 --------------------------------------- Dated this 15th day of March, 2011 ORDER Petitioners are accused 1 to 4 in Crime No.686 of 2010 of Kuthiathode Police Station. They seek to quash proceeding against them on the strength of a compromise allegedly entered with the second respondent, the de facto complainant. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. Learned counsel submitted that allegations are false and in the light of settlement proceeding may be quashed. Learned Public Prosecutor has pointed out that petitioners are involved in several cases. First petitioner is reported to be involved in two cases of Cherthala Police Station while second and fourth petitioners are involved in eight cases. Third respondent is reported to be involved in five cases. Learned Public Prosecutor submitted that fourth petitioner/accused No.4 is involved in offence punishable under Sec.302 of the Penal Code as well. 2. It is true that second respondent has filed an affidavit stating that the matter is settled between him and the petitioners. Case against petitioners is that on 15.12.2010 at about 1p.m they Crl.M.C.No.13 of 2011 -: 2 :- blocked the Autorikshaw in which the second respondent was travelling, used force against him and robbed him of his mobile phone. 3. May be, allegation against petitioners in the present case is only that much but, it is seen that petitioners are involved in several cases as above stated. In these circumstances I am not persuaded to think that this Court should show indulgence on petitioners and based on the settlement allegedly reached with second respondent, proceedings against petitioners has to be quashed. Petitioners have to face the trial. This petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge