IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1123 of 2011() ------------------------------------ CP.59/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): 12TH & 13TH ACCUSED ----------------------------------------------------------- 1. SHAJAHAN,S/O.MUHAMMED MASTER,PARAKKAL HOUSE,CHEEKODE AMSOM DESOM,P.O.CHEEKKODE, MALAPPURAM DISTRICT. 2. SHUKKOOR,S/O.ABDULLA HAJI,PUTHIYODAN PALLIYALIL HOUSE,CHEEKODE AMSOM DESOM, P.O.CHEEKKODE,MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE S.I. OF POLICE,VAZHAKKAD POLICE STATION,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. MUHAMMED KUTTY,S/O.PARAPURATH KUNHALAN KUTTY,PARAPURATH HOUSE,CHEEKODE AMSOM DESOM, ERNAD TALUK,MALAPPURAM DISTRICT. 3. MUHAMMED,S/O.RAYIN,KANNANTHODI KUDATHINGAL HOUSE,CHEEKODE AMSOM DESOM, ERNAD TALUK,MALAPPURAM DISTRICT. 4. KILIYENGAL ABOOBACKER,S/O.ALI,KILIYENGAL HOUSE,CHEEKODE AMSOM DESOM,ERNAD TALUK, MALAPPURAM DISTRICT. 5. ABDUL JABBAR,S/O.MUHAMMEDKUTTY, KOZHIKODAN HOUSE,CHEEKODE AMSOM DESOM, ERNAD TALUK,MALAPPURAM DISTRICT. CRMC NO.1123/2011 6. KILIYENGAL ABOOBACKER,S/O.ALI, KILIYENGAL HOUSE,CHEEKODE AMSOM DESOM, ERNAD TALUK,MALAPPURAM DISTRICT. 7. JAFFAR,S/O.MUHAMMED,KANNANTHODI, KUDATHINGAL HOUSE,CHEEKODE AMSOM DESOM, ERNAD TALUK,MALAPPURAM DISTRICT. 8. SUBAIR,S/O.KUNHAMU,KAKKOTTIL HOUSE, CHEEKODE AMSOM DESOM,ERNAD TALUK, MALAPPURAM DISTRICT. 9. ABDUL BASHEER,S/O HYDRU,KILIYENGAL HOUSE CHEEKODE AMSOM DESOM,ERNAD TALUK, MALAPPURAM DISTRICT. 10. MOHAMMEDKUTTY,S/O.MOIDEENKOYA, KAKKOTTIL HOUSE,CHEEKODE AMSOM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR R2-10 BY ADV. SRI.PRINSUN PHILIP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1123 of 2011 --------------------------------------- Dated this 05th day of April, 2011 ORDER Petitioners are accused 12 and 13 in Crime No.101 of 2007 of Vazhakad Police Station and C.P.No.59 of 2008 of the Court of learned Judicial First Class Magistrate, Malappuram for offences punishable under Secs.143, 147, 148, 323, 324 and 308 r/w Sec.149 of the Indian Penal Code. Case is that on 09.04.2007 at about 7a.m petitioners and 11 others formed unlawful assembly armed with deadly weapons, voluntarily caused hurt to CWs.3 to 9 and attempted to cause the death of de facto complainant. Petitioners request this Court to quash proceeding against them on the strength of a settlement reached with respondents 2 to 10, de facto complainant and injured in the case. I have heard learned counsel for petitioners and learned Public Prosecutor. 2. Learned counsel for petitioners submit that accused 1 to 8 faced trial in S.C.No.53 of 2009 of the Court of learned Sessions Judge, (Adhoc-II), Manjeri and by Annexure-A2, judgment dated April 29, 2010 they were acquitted under Sec.232 of the Code of Criminal Procedure. The case against accused 9 is pending since he is not available. In the meantime Crl.M.C.No.1123 of 2011 -: 2 :- petitioners/accused 12 and 13 have filed this case to quash proceeding against them. Learned counsel submitted that the counter case in S.C.No.303 of 2010 of the Court of learned Sessions Judge, Manjeri arising from Crime No.100 of 2007 of Vazhakad Police Station was quashed by this Court by Annexure- III, order dated February 24, 2011 accepting the composition. 3. It is seen from Annexure-III, order that the connected cases has been quashed accepting the composition entered between parties. Accused 1 to 8 are acquitted as per Annexure- II, judgment. It is seen from Annexures-IV and V, affidavits of respondent Nos.2 to 10 the authenticity of which is confirmed by counsel for parties that the matter is settled between them. In view of the above circumstance notwithstanding that offences affecting public tranquility are also involved I am inclined to think that further proceeding could be terminated accepting settlement. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.101 of 2007 of Vazhakad Police Station and proceeding against petitioners/accused 12 and 13 in C.P.No.59 of 2008 of the Court of learned Judicial First Class Magistrate, Malappuram are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-