IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Crl.MC.No. 1888 of 2011() ------------------------- L.P.C. NO. 62/2010 IN CC NO. 677/2010 OF C.J.M. COURT, KASARAGOD ........................ PETITIONER / 1ST ACCUSED : -------------------------------------------- ANILKUMAR, AGED 30 YEARS, S/O.NARAYANAN NAIR, R/AT KATTAMBALLY HOUSE, CHEMNAD POST & VILLAGE, KASARAGOD. BY ADV. SRI. S. JIJI RESPONDENTS / STATE & DE-FACTO COMPLAINANT : ------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY S.H.O.KASARAGOD POLICE STATION, KASARAGOD DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THAJUDDEEN, S/O.ABDULLA, AGED 23 YEARS, CHALIYAMKODE, MELAPARAMBU, KALANAD POST & VILLAGE KASARAGOD, PIN – 671 317. R1 BY PUBLIC PROSECUTOR SRI. V. MANU R2 BY ADV. SMT. LISHA M.G. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1888 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A-1 : COPY OF THE CHARGE SHEET IN CRIME NO. 795/2008 OF KASARAGOD POLICE STATION DATED 29-11-2008. ANNEXURE A-2 : AFFIDAVIT DATED 22/6/2011 SWORN BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1888 of 2011 --------------------------------------- Dated this 30th day of June, 2011 ORDER Petitioner is first accused in Crime No.795 of 2008 of Kasaragod Police Station and C.C.No.677 of 2010 and L.P.C.No.62 of 2010 of the Court of learned Chief Judicial Magistrate, Kasaragod (for short, "the CJM”) for offences punishable under Secs.341, 323, 452 and 326 r/w Sec.34 of the Indian Penal Code. That case was registered on the complaint of second respondent. Case is that on 01.11.2008 at about 1.30p.m petitioner and second accused trespassed into the office of a cable network run by the second respondent and voluntarily caused hurt/grievous hurt to the second respondent with a helmet. Motive alleged is alleged failure of second respondent to repair the cable connection. Second accused was tried in C.C.No.195 of 2009 and was acquitted. Case against petitioner was refiled as C.C.No.677 of 2010 and then included in the LP register as L.P.C.No.62 of 2010. Petitioner requests the Court to quash proceeding against him on the strength of a settlement. Annexure-A2 is the affidavit of the second respondent and Annexure-A3 is the compromise petition signed by the parties Crl.M.C.No.1888 of 2011 -: 2 :- and their respective counsel. 2. Learned counsel on both sides confirmed the settlement and authenticity and genuineness of Annexures-A2 and A3. Learned Public Prosecutor after getting instruction has submitted that parties had settled the dispute. Considering the motive alleged and the nature of the incident and also taking into account the fact that based on a settlement the second accused is already acquitted, I am inclined to allow the request. Resultantly this criminal miscellaneous case is allowed. Proceeding against petitioner/first accused in C.C.No.677 of 2010 and L.P.C.No.62 of 2010 (arising from Crime No.795 of 2008 of Kasaragod Police Station) of the Court of learned Chief Judicial Magistrate, Kasaragod is quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-