IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Crl.MC.No. 3207 of 2010() -------------------------------------- (CRIME NO.111/2010 OF KUNNATHUNADU POLICE STATION, ERNAKULAM DISTRICT) PETITIONER(S): ------------------------ 1. NAINAR M.M.S/O. MUHAMMED, AGED 40 YEARS, NETTUKUDI HOUSE, PERIGALA, KUMARAPURAM, ERNAKULAM DISTRICT. 2. ALIYAR,S/O. MUHAMMED, AGED 43 YEARS, NETTUKUDI HOUSE, PERINGALA, KUMARAPURAM, ERNAKULAM DISTRICT. 3. ASHRAF, S/O. MUHAMMED, AGED 43 YEARS, NETTUKUDI HOUSE, PERINGALA,KUMARAPURAM, ERNAKULAM DISTRICT. 4. YUSEPH,S/O.MUHAMMED, AGED 40 YEARS, NETTUKUDI HOUSE, PERINGALA,KUMARAPURAM, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSECTOR OF POLICE, KUNNATHUNADU POLICE STATION, ERNAKUAM DISTRICT, PIN - 682 525. 2. SUBAIR,AGED 40 YEARS, S/O.MACCAR, KORAKKANATTU VEETTIL, PALLIKARA, KUNNATHUNADU VILLAGE, ERNAKULAM DISTRICT, PIN - 682 525. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R2 BY ADV. SMT.A.A.GEETHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3207 OF 2010 =========================== Dated this the 14th day of September,2010 ORDER This petition is filed under section 482 of the Code of Criminal Procedure to quash the cognizance taken in C.P.22/2010 for the offences under sections 341, 323, 324, 326 read with section 34 of Indian Penal Code contending that the entire disputes were settled with the injured second respondent. But noting is produced to prove that there has been a settlement as claimed. In such circumstances, the case cannot be quashed as sought for. Petition is dismissed with liberty to move with materials showing the composition. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006