IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Crl.MC.No. 964 of 2011() ---------------------------------- CRIME NO.177/11 OF ALAPPUZHA NORTH POLICE STATION ------------------------------ PETITIONER(S): ACCUSED -------------------------------------- 1. NYCIL, S/O.NOWSHAD, AGED 22 YEARS, KANNARANVELI, KOTTANKOLANGARA WARD, AVALOOKKUNNU, ALAPPUZHA. 2. SANDEESH, S/O.UNNI, AGED 26 YEARS, KOTTANKOLANGARA WARD, AVALOOKKUNNU, ALAPPUZHA. 3. SREENU.S.KUMAR, S/O.SUDARSANA KUMAR VARMA, AGED 22 YEARS, MANASREE, KARUKAYIL WARD, ALAPPUZHA. 4. AVINASH, S/O.DILEEP KUMAR, AGED 21 YEARS, KUNDATHILPARAMBU, KARUKAYIL WARD, ALAPPUZHA. BY ADV. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUSEELA BAIJU, W/O.BAIJU, AGED 40 YEARS, PADINJARE VELI, ARYAD PANCHAYATH, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV.SRI.R.RAJENDRAPRASAD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.964 of 2011 --------------------------------------- Dated this 25th day of March, 2011 ORDER Petitioners are accused in Crime No.177 of 2011 of Alappuzha North Police Station for offences punishable under Secs.143, 147, 148, 149, 341, 427, 452 and 506(ii) r/w Sec.149 of the Indian Penal Code. Case is that on 18.02.2011 at about 12p.m petitioners who formed unlawful assembly trespassed into the house of the second respondent, wrongfully restrained and criminally intimidated her and committed mischief by damaging the wall mirror. Petitioners request this Court to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and second respondent have confirmed the settlement between parties. Learned counsel for second respondent has confirmed authenticity of affidavit of the second respondent sworn before a Notary Public. In that affidavit, it is stated that the matter is amicably settled between parties, that the second respondent has Crl.M.C.No.964 of 2011 -: 2 :- no grievance or complaint against petitioners and hence he is not interested in proceeding with the case. She has no objection in quashing the first information report. 3. Though offences affecting public tranquility and peace are also involved, essentially it is a dispute between petitioners and the second respondent. The alleged incident occurred in the house of the second respondent. She has settled the dispute with petitioners and does not want to proceed with the case. Hence I am inclined to accept the settlement reached between petitioners and the second respondent. Resultantly this criminal miscellaneous case is allowed. FIR in Crime No.177 of 2011 of Alappuzha North Police Station and all proceeding pursuant thereto against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-