IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 87 of 2011() ----------------------- CC.450/2006 of JUDICIAL FIRST CLASS MAGISTRATECOURT-III, THIRUVANANTHAPURAM CRIME NO.142/2002 F MUSEUM POLICESTATION, THIRUVANANTHAPRIVANDRUM .................... PETITIONER(S): A1,A2,A4 & 5 --------------------------- 1. PREMKUMAR @ BIJU,(A1),S/O.VASUDEVAN, PLAVILAKATHU VEEDU,T.C.12/1109,KUNNUKUZHI, THEKKUMOODU,VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 2. SYEDALI,S/O.MUHAMMED,(A2),SEETHA BHAVAN, T.C.39/1255,MANACAUD WARD,KAMALESHWARAM VILLAGE, THIRUVANANTHAPURAM. 3. AJITHKUMAR,S/O.M.G.K.CHETTIYAR,(A4), T.C.29/207,LAKSHMI VILASOM VEEDU,PALKULANGARA WARD VANCHIYOOR VILLAGE,THIRUVANANTHAPURAM. 4. ANOOP,S/O.PRABAKHARAN NAIR,SUPRAD VEEDU, T.C.25/2009,VANCHIYOOR WARD,VANCHIYOOR VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE & CW1. --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF POLICE,MUSEUM POLICE STATION, THIRUVANANTHAPURAM,REPRESENTED THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. RAJENDRAN,S/O.DAMODARAN,(CW1),AGED 53 YEARS,PLAVILAKATHU VEEDU,T.C.25/1536,THEKKUMOODU, KUNNUKUZHI WARD,VANCHIYOOR VILLAGE-695035. ADV. SRI.V.S.THOSHIN FOR R2 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.87 of 2011 -------------------------------------- Dated this the 7th day of February, 2011. ORDER Petitioners are accused Nos.1, 2, 4 and 5 in Crime No.142 of 2002 of Museum Police Station, Thiruvananthapuram and C.C.No.450 of 2006 of the court of learned Judicial First Class Magistrate-III, Thiruvananthapuram for offences punishable under Sections 341, 143, 147, 148, 149, 323 and 324 read with Section 149 of the Indian Penal Code. Case is that on 11.04.2002 at about 11.30 p.m. due to previous enmity petitioners and accused No.3 formed unlawful assembly, wrongfully restrained respondent No.2, petitioner No.1 hit the scooter on which respondent No.2 was riding, he fell down and thereon petitioner Nos.1 and 2 and accused No.3 assaulted him with iron rod. Accused No.3 was acquitted in C.C.No.765 of 2002. Since petitioners were not available, case against petitioners was refiled as C.C. 450 of 2006. Now petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2. 2. I have head learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. Learned Public Prosecutor confirmed the fact of settlement and that petitioners are not reported to be involved in any other case. Crl.MC.No.87/2011 2 3. It is seen from Annexure-B, affidavit of respondent No.2 that the matter is settled with petitioners. Learned counsel for respondent No.2 also asserted so. Accused No.3 is already acquitted for want of evidence. In the circumstances there is no possibility of a successful culmination of the prosecution. Hence I am inclined to allow this petition. Resultantly this petition is allowed. Annexure-A, final report in Crime No.142 of 2002, cognizance taken thereon and proceedings in C.C.No.450 of 2006 of the court of learned Judicial First Class Magistrate-III, Thrissur concerning the petitioners are quashed. THOMAS P.JOSEPH, Judge. cks