IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 4300 of 2010() ------------------------------- LPC.73/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA IN CRIME NO.38/2006 OF SREEKANDAPURAM POLICE STATION) .................... PETITIONER(S): ACCUSED ------------------------------ SALIM A.P. @ THARAMAL SALIM, AGED 27 YEARS, S/O. MUHAMMED EDAKKAN PUTHIYA PURAYIL HOUSE PAZHAYANGADI AMSOM, SREEKANDPURAM, KANNUR DIST. BY ADV. SRI.P.BABU RESPONDENT(S): DEFACTO COMPLAINANT ------------------------------------------------- 1. RIYAS.C.H., S/O. ALI, AGED 26 YEARS, CHERIYAKATH HOUSE, PAZHAYANGADI, SREEKANDAPURAM, KANNUR DIST. 2. STATE OF KEALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R-1 BY ADV. SRI.RAJAN KUDUMBATHIL R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4300 of 2010 --------------------------------------- Dated this 09th day of March, 2011 ORDER Petitioner is accused in Crime No.38 of 2006 of Sreekandapuram Police Station for offences punishable under Secs.147, 148, 341, 323, 324 and 308 r/w Sec.149 of the Indian Penal Code. Case is that on 07.02.2006 at about 4.45p.m petitioner and others on account of political enmity assaulted the de facto complainant with stone and attempted to cause his death. Petitioner seeks to quash the FIR and final report against him on the strength of a settlement allegedly reached with the first respondent/de facto complainant. Annexure-IV is the affidavit sworn by the first respondent. 2. I have heard learned counsel for petitioner and learned Public Prosecutor. Learned Public Prosecutor on getting instruction submitted that first respondent is now working abroad and on contacting his father it is stated that since the counter case is pending against first respondent, the latter is not interested in settling the case. Petitioner says that he has sworn an affidavit in this Court stating that he is prepared to settle the counter case. It is also submitted by learned counsel that case Crl.M.C.No.4300 of 2010 -: 2 :- against other accused in Crime No.38 of 2006 has been withdrawn by the State Government under Sec.321 of the Code of Criminal Procedure. 3. This is a case of alleged attack on the de facto complainant on account of political enmity. The offences cannot be said to be personal to and between petitioner and the first respondent. It involves public tranquility and peace. Offences punishable under secs.147 and 148 of the Penal Code are also involved apart from offence under Sec.308 of the Penal Code. Crime was registered in the year 2006 and it is in the year 2011 that a request is made to quash the proceeding. Having regard to these aspects I am not inclined to think that this Court should show indulgence to quash the proceeding. Resultantly without prejudice to the right of petitioner to take appropriate defence/plea in the appropriate court, this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-