IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.MC.No. 809 of 2011() ------------------------ CRIME NO.114 OF 2011 OF the FEROKE Police Station , KOZHIKODE PETITIONERS/ ACCUSED ---------------------- 1. ANOOP @ PRAJEESH, S/O.MOHANAN, PALATHMEETHAL VEEDU, MUTHYANBAT, ATHOLI AMSOM, KONGANNUR DESOM, KONGANNUR P.O., KOZHIKODE DISTRICT. 2. SAJITH @ JITHU, S/O.RAJAN, MELEPURAYIL HOUSE, PARAMKANDAM, P.O.FEROOK COLLEGE, CHULLIPARAMBA, KOZHIKODE DISTRICT. 3. RAJAN, S/O.M.P.KRISHNAN, MELEPURAYIL HOUSE, PARAMKANDAM, P.O.FEROOK COLLEGE, CHULLIPARAMBA, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. 2. K.P.KARTHIKEYAN, S/O.DAMODHARAN, PARAMKANDATHIL HOUSE, CHULLIPARAMBA, FEROKE COLLEGE P.O., KOZHIKODE DISTRICT, PIN - 673 632. ADV. SMT.M.T.SHEEBA FOR R2 PUBLIC PROSECUTOR : ADV SRI K H MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.809 of 2011 --------------------------------------- Dated this 22nd day of March, 2011 ORDER Petitioners are accused in Crime No.114 of 2011 of Feroke Police Station for offences punishable under Secs.341, 324 and 326 r/w Sec.34 of the Indian Penal Code. Case is that on 21.02.2011 at about 11p.m due to enmity on account of second respondent asking contribution from petitioners to raise fund to help family of the late Suresh, petitioners assaulted second respondent with reaper and caused hurt/grievous hurt. Petitioners request 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. Learned Public Prosecutor after getting instruction has submitted that parties have settled the dispute. Learned counsel for second respondent has confirmed settlement and authenticity of affidavit sworn by the second respondent before a Notary Public. 2. It is seen from the affidavit of second respondent that the matter is settled. Though offence under Sec.326 of the Penal Code also is involved essentially the dispute is personal to and Crl.M.C.No.809 of 2011 -: 2 :- between petitioners and the second respondent. I have also referred to the motive for the alleged incident. Considering these aspects I am inclined to accept the settlement between parties. Resultantly this criminal miscellaneous case is allowed. FIR in Crime No.114 of 2011 of Feroke Police Station and all proceeding pursuant thereto against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge