IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 Crl.MC.No. 820 of 2011() ------------------------ SC.997/2008 of ASSISTANT SESSIONS COURT, NEYYATTINKARA .................... PETITIONERS(A1 TO A7): --------------- 1. RAMACHANDRAN NAIR, S/O.SUKUMARAN NAIR, AGED 46, KOTTUMAMVILA VEEDU, NEAR ADHEDANANDA ASHRAMAM, ARAYUR DESOM, CHENKAL VILLAGE (A1). 2. P.K.SURESH, S/O.PADMANABHAN NAIR, AGE 35/06, PKS BHAVAN, ARAYUR DESOM, NEAR ARAYUR TEMPLE, ARAYUR DESOM, CHENKAL VILLAGE (A2). 3. JAYAKRISHNAN, S/O.HARIKUMAR, AGED 25/06, PALLITHANAM VEEDU, NEAR KEEZHMANKAM TEMPLE, KEEZHMANKAM DESOM, CHENKAL VILLAGE (A3). 4. JIJU, S/O.SUKUMARAN NAIR, AGED 21/06, GEETHA BHAVAN, NEAR MARIYAPURAM ASHRAMAM, DO. VILLAGE (A4). 5. MOHANAN NAIR, S/O.MADHAVAN NAIR, AGE 53/06, SARAVANA VEEDU, OF DO. DO. (A5). 6. SREEKANTH, AGE 22/06, KURUMAMCODE VEEDU, KEEZHMANKAM DESOM, CHENKAL VILLAGE (A6). 7. PRASANTH, S/O.SASIDHARAN NAIR, AGED 24/06, PANATHOTTATHU VEEDU, MELEMAKOM DESOM, CHENKAL VILLAGE (A7). BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER SRI.V.S.THOSHIN RESPONDENTS: --------------- 1. MONKUTTAN @ RAJESH, S/O.RAVEENDRAN NAIR, AGED 30, THOPPIL PUTHEN VEEDU, CHENKAL VILLAGE-695033. 2. ANILKUMAR, S/O.VELAYUDHAN PILLAI, AGED 37, KEEZHSARI VEEDU, CHENKAL VILLAGE-695033. 3. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PARASALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR:ADV M K PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.820 of 2011 --------------------------------------- Dated this 17th day of March, 2011 ORDER Petitioners are the accused in Crime No.557of 2006 of Parassala Police Station and S.C.No.997 of 2008 of the Court of learned Assistant Sessions Judge, Neyyattinkara 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 07.11.2006 at about 8p.m petitioners formed unlawful assembly and attacked respondents 1 and 2 with an iron road on the head which was blocked by the first respondent with hand and had the blow fell on the head it would have been fatal. Petitioners request this Court to quash proceeding against them on the strength of a settlement reached with respondents 1 and 2. I have heard learned counsel for petitioners, respondents 1 and 2 and the learned Public Prosecutor. Learned counsel for petitioners and respondents 1 and 2 have confirmed the settlement. Learned counsel for respondents 1 and 2 has also confirmed authenticity of affidavit sworn by respondents 1 and 2 (Annexures-C and D). 2. A further fact revealed from Annexure-B, order is that the counter case arising from the same incident where Crl.M.C.No.820 of 2011 -: 2 :- petitioners are witnesses was quashed by this Court as per order dated 13.10.2008 in Crl.M.C.No.3506 of 2008. 3. Since the counter case has already been settled and as part of that settlement parties have agreed to settle the present case also as revealed from Annexures-C and D, I do not find reason why a different view should be taken in the matter of accepting composition in this case. Having regard to these aspects and the settlement reached between the parties I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.557 of 2006 of Parassala Police Station, cognizance taken thereon and proceeding against petitioners in S.C.No.997 of 2008 of the Court of learned Assistant Sessions Judge, Neyyattinkara are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-