IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.MC.No. 1015 of 2011 ---------------------------------- [SC.NO.11/2010 OF ADDITIONAL SESSIONS COURT, (FAST TRACK NO.1), PATHANAMTHITTA. .................... PETITIONERS/ACCUSED 1 TO 3: ---------------------------------------------- 1. SREEKUMAR,S/O.NARAYANAN NAIR, SREEVILASAM VEEDU, THUVAYUR THEKKU MURI,KADAMPANADU VILLAGE,ADOOR. 2. ANEESH,S/O.NARAYANAN NAIR, SREEVILASAM VEEDU, THUVAYUR THEKKU MURI,KADAMPANADU VILLAGE,ADOOR. 3. NARAYANAN NAIR,S/O.KESAVA PILLAI, SREEVILASAM VEEDU,THUVAYUR THEKKU MURI, KADAMPANADU VILLAGE,ADOOR. BY ADVS. SRI.D.KISHORE, SMT.MINI GOPINATH. RESPONDENTS/STATE AND COMPLAINANT & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------------------------- 1. STATE OF KEARLA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM – 682 031. 2. THE SUB INSPECTOR OF POLICE, ENATH POLICE STATION, ADOOR, PATHANAMTHITTA DISTRICT – 691 523. 3. JOHNSON, S/O. KOSHY, PLAVILAYIL VEEDU, THUVAYUR THEKKU MURI, KADAMPANADU VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT – 691 523. R1 & R2 BY GOVT. PLEADER SRI. K.J. MOHAMMED ANZAR, R3 BY ADV. SRI.SAJJU.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1015 of 2011 -------------------------------------- Dated this the 31st day of March, 2011. ORDER Petitioners are accused 1 to 3 in Crime No.356 of 2008 of Enathu Police Station and S.C.No.11 of 2010 of the court of learned Additional Sessions Judge (Fast Tractk-I), Pathanamthitta for offences punishable under Sections 323, 324, 427 and 308 read with Section 34 of the Indian Penal Code (for short, “the IPC”). Case is that on 23.11.2008 at about 3.15 p.m. following the third respondent who is an autorickshaw driver allegedly demanding excess fair for carrying petitioners who were travelling in the said autorickshaw, the latter voluntarily caused hurt to the third respondent. It is alleged that the first petitioner assaulted third respondent with a reaper on his left hand and shoulder and had not the third respondent escaped from the scene his death would have been caused (to attract offence punishable under Section 308 of the IPC). It is alleged that petitioners damaged autorickshaw of the third respondent. The Police registered a case against the third respondent as Crime No.367 of 2008 on the complaint of third petitioner for offences punishable under Sections 447, 323, 341 and 427 of the IPC. That case is pending trial before learned Judicial First Class Magistrate-I, Adoor as C.C. No.166 of 2009. Petitioners and third respondents say that they settled the entire dispute and accordingly petitioners request to Crl.MC No.1015/2011 2 quash proceeding against them. Learned counsel for petitioners submits that as per the agreement in C.C.No.166 of 2009 pending before learned Judicial First Class Magistrate-I, Adoor is also to be settled as it involves only offences which are compoundable with or without the permission of court. I have heard learned counsel for petitioners, third respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and the third respondent confirmed the settlement. Annexure-II is the agreement executed between petitioners and third respondent. It is seen from Annexure-II that petitioners and third respondent have settled all the disputes and they have decided to compromise both the cases. Learned counsel for petitioners submitted that petitioners have no objection in the offences in C.C.No.166 of 2009 pending before learned Judicial First Class Magistrate-I, Adoor being compounded and that they will co- operate with the third respondent for composition of the offences. 3. Since the dispute is personal to and between petitioners and third respondent and considering the circumstances under which offence punishable under Section 308 of the IPC is attracted and since in view of the settlement there is no possibility of a successful culmination of the prosecution I am inclined to allow the request. Resultantly this petition is allowed. Final report in Crime No.356 of Crl.MC No.1015/2011 3 2008 of Enathu Police Station, cognizance taken thereon and proceeding against petitioners in S.C.No.11 of 2010 of the court of learned Additional Sessions Judge (Fast Tractk-I), Pathanamthitta are quashed. THOMAS P.JOSEPH, Judge. cks