IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Crl.MC.No. 1305 of 2009() --------------------------------------- (CRIME NO.84/2009 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM) .............. PETITIONER(S): ACCUSED 1 TO 4: ---------------------------------------------------- 1. YASEEN B., AGED 18 YEARS, S/O.BHADARUDDIN, T,C, 27/521 (1), DOHRAKA, OPP P.H.LANE, VANCHIYOOR P.O. THIRUVANANTHAPURAM. 2. SURESH, AGED 19 YEARS, S/O.K.G.SASI, TC.29/1370 KAVARADY JUNCTION, PALKULANGARA, PETTAH P.O. THIRUVANANTHAPURAM. 3. JAYARAM, AGED 18 YEARS, S/O.JAYAPAL, TC.39/324, M.R.A.-139 A,ANAKUZHY LANE, KAVARADY JUNCTION, PALKULANGARA, PETTAH P.O. THIRUVANANTHAPURAM. 4. ALJASE, AGED 18 YEARS, S/O. AL AMEEN,T.C. 35/117, PUTHEN ROAD JUNCTION, VALLAKADAVU, THIRUVANANTHAPURAM. BY ADV. MR.B.HARISH KUMAR Kss ..2/- ..2.... CRMC.NO.1305/2009 RESPONDENT(S): DEFACTO COMPLAINANT: ------------------------------------------------------------------- 1. KRISHNAKUMAR, AGED 25 YEARS, S/O.GOPINATHAN, VAYAL NIKATHIYA VEEDU, AISWARYA BHAVAN, T.C.27/1211, SAMAD HOSPITAL ROAD, VANCHIYOOR, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1305 OF 2009 ------------------------------------------ Dated 2nd June 2009 O R D E R Petitioners are accused in crime No.84/2009 of Vanchiyoor police station registered after recording Annexure-A1 F.I Statement of first respondent/complainant alleging that the accused committed offences under Sections 143, 147, 148, 341, 323, 324 and 506(ii) read with Section 149 of Indian Penal Code and Section 27 of Arms Act. Allegation in the FIR is that on 28/2/2009 at about 10 p.m all the accused formed themselves into an unlawful assembly and armed with deadly weapons with the common object of voluntarily causing hurt to first respondent after restraining him, committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 FIR based on the settlement arrived at by first respondent subsequently. Annexure-A2 affidavit of first respondent was filed to the effect that subsequently CRMC 1305/09 2 the disputes were settled and first respondent is not willing to prosecute the case further and therefore case is to be quashed. Second respondent appeared through a counsel. 2. Learned counsel appearing for petitioner and first respondent and learned Public Prosecutor were heard. 3. Learned Public Prosecutor on instructions submitted that statement of first respondent was subsequently recorded and then first respondent stated that due to the intervention of mediators, the disputes with petitioners were resolved and he does not intend to proceed with the case. 4. In view of the settlement of the disputes between first respondent/defacto complainant and the petitioners/accused and stand taken by first respondent that he is not willing to proceed with the case further, no purpose will be served by proceeding with the trial of the case except waste of valuable time of the court which could be utilised for better purpose as successful prosecution is bleak. In such circumstances, in the CRMC 1305/09 3 interest of justice, Annexure-A1 FIR and the proceedings are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.