IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Crl.MC.No. 1684 of 2011() ------------------------------------- CRIME NO.150/2009 OF THOTTILPALAM POLICE STATION, KOZHIKODE DIST. ................. PETITIONERS/ACCUSED ------------------------------------ 1. MUHAMMED RAMSHAD, S/O.HAMEED, 20 YEARS, PARAVANATAVIDA (H), KAVILAMPARA AMSOM DESOM, VADAKARA TALUK. 2. APPI @ AFSAL, AGED 21 YEARS, S/O.AMMAD, KAMMANA KUNNUMMAL, KAVILAMPARA AMSOM DESOM, VADAKARA TALUK. 3. APPI @ AFSAL K.K., AGED 20 YEARS, S/O.MOIDU, KOLLAMKANDI (H), KAVILAMPARA AMSOM DESOM, VADAKARA TALUK. 4. NAJEEB, S/O.KUNHAMMAD KUTTY, AGED 21 YEARS, KOCHIYIL (H), KAVILAMPARA AMSOM DESOM, VADAKARA TALUK. 5. SAFAD P.P., AGED 20 YEARS, S/O.KUNHAMMED, POOTHANPURAYIL (H), KAVILAMPARA AMSOM DESOM, VADAKARA TALUK. 6. MUHAMMED RAJAL, AGED 25 YEARS, S/O.MOIDU KARAPPOYIL (H), KAVILAMPARA AMSOM DESOM, VADAKARA TALUK. 7. SAMEER, S/O.ABDU RAHMAN, AGED 25 YEARS, KARAPPAYIL (H), KAVILAMPARA AMSOM DESOM, VADAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANTS ------------------------------------------------- 1. SHAJI, AGED 30 YEARS, S/O.MUKUNDAN, THEKKELAKANDI HOUSE, PALORAMUKKU, MOYILOTHARA P.O., KAVILAMBARA VILLAGE, VADAKARA, PIN-673 105. Crl.MC.No. 1684 of 2011 2. ANEESH, AGED 23 YEARS, S/O.VELAYUDHAN, PAMBINIYIL HOUSE, KOTHODU, MOYILOTHARA P.O., MARUTHONKARA VILLAGE, VADAKARA, PIN-673 105. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031. R1 & R2 BY ADV. SMT.BINDU GEORGE. R3 BY PUBLIC PROSECUTOR MR.V. MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1684 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I: COPY OF THE FINAL REPORT BY KUTTIADI POLICE. ANNEXURE II: COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT. ANNEXURE III: COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1684 of 2011 -------------------------------------- Dated this the 6th day of July, 2011. ORDER Petitioners are accused 1 to 3 and 5 to 8, in Crime No.150 of 2009 of Thottilpalam Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code (for short, “the IPC”). Case is that petitioners along with the fourth accused on 29.08.2009 at about 7.50 p.m. formed unlawful assembly, committed rioting armed with deadly weapons such as iron rod and stone and voluntarily caused hurt to respondents 1 and 2. It is further alleged that had not the first respondent evaded the blow it would have fallen on his head and caused his death. Hence the charge under Section 308 of the IPC. Fourth accused being a juvenile was tried before the Juvenile Court, Kozhikode in S.T.No.56 of 2010 and based on the settlement reached with respondents 1 and 2 that case ended in acquittal. Case against first petitioner is pending in the court of learned Judicial First Class Magistrate, Nadhapuram as C.P.No.119 of 2010. Second petitioner is facing trial in S.C.No.94 of 2010 of the court of learned Assistant Sessions Judge, Vadakara. Petitioners 3 to 5 are involved in S.C.No.729 of 2010 of the court of learned Sessions Judge, Kozhikode. Sixth petitioner is involved in S.C.No.694 of 2010 of the same court. Seventh petitioner is the accused in S.C.No.779 of 2010 of the court of learned Sessions Judge, Crl.MC No.1684/2011 2 Kozhikode. Petitioners want to quash proceeding against them on the strength of a settlement reached with respondents 1 and 2. I have heard learned counsel for petitioners, respondents 1 and 2 and the learned Public Prosecutor. 2. Learned counsel on both sides have confirmed the settlement. Learned counsel for respondents 1 and 2 confirmed genuineness and authenticity of Annexures-II and III, affidavits sworn by respondents 1 and 2. Learned Public Prosecutor submitted on getting instruction that first respondent has given a statement that the dispute is settled with the petitioners. 3. According to the petitioners there was an incident about a few months before the alleged incident wherein first respondent assaulted first petitioner and the incident on hand occurred when petitioners questioned first respondent about that incident. 4. It is seen that the dispute is personal to and between petitioners, fourth accused and respondents 1 and 2. The charge under Section 308 of the IPC is incorporated only on the allegation that had not first respondent evaded the blow it would have fallen on his head and caused his death. Now the dispute is settled between the parties. In the circumstances I am inclined to interfere. Resultantly this Criminal Miscellaneous Case is allowed. Cognizance taken against petitioners and proceedings in the following cases are quashed: i. C.P.No.119 of 2010 of the court of learned Judicial First Class Crl.MC No.1684/2011 3 Magistrate, Nadhapuram against first petitioner. ii. S.C.No.94 of 2010 of the court of learned Assistant Sessions Judge, Vadakara against second petitioner. iii. S.C.No.729 of 2010 of the court of learned Sessions Judge, Kozhikode against petitioners 3 to 5. iv. S.C.No.694 of 2010 of the court of learned Sessions Judge, Kozhikode against sixth petitioner. v. S.C.No.779 of 2010 of the court of learned Sessions Judge, Kozhikode against seventh petitioner. THOMAS P.JOSEPH, Judge. cks