IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4333 of 2010() ------------------------------------ ( LPC 93/2008 IN CC.726/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR ) ....................--- PETITIONER(S): DEFACTO COMPLAINANT/ACCUSED 1 TO 4 -------------------------------------------------------------------------------------- 1. MUNSHID, S/O.MAHAMOOD, AGED 23, PADINHARE MUKKAVACHERI HOUSE, RESIDING AT MATTOOL AMSOM, JASEENTHA, P.O.MATTOOL NORTH, KANNUR. 2. ATTAKOYA THANGAL, S/O.CHERUKUNHIKOYA THANGAL, AGED 37, PUTHIYAPURAYIL HOUSE, RESIDING AT MATTOOL AMSOM, P.O.MATTOOL NORTH, KANNUR. 3. MUNSAR, S/O.MUHAMMED, AGED 28, PADINHARE MUKKAVACHERI HOUSE, RESIDING AT MATTOOL AMSOM, JASEENTHA, P.O.MATTOOL NORTH, KANNUR. 4. RAFEEQUE @ CHOTTA RAFEEQUE, AGED 29, S/O.MOHAMMEDKUNHI, P.P.HOUSE, P.O.MATTOOL NORTH, KANNUR. 5. SAJID P.P., S/O.ABDULLA, FATHIMA MANZIL, P.O.MATTOOL NORTH, KANNUR. 6. ANEES V.P., AGED 27, S/O.MOHAMMEDKUNHI, V.P.HOUSE, MATTOOL NORTH, KANNUR. 7. NOUFAL.K.M., AGED 28, S/O.UMMER, K.M.HOUSE, P.O.MATTOOL NORTH, KANNUR. BY ADVS. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR sts CRL.M.C.NO. 4333/2010 RESPONDENT(S): FORMAL PARTY -------------------------------------------------- 1. STATE OF KERALA TO BE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O., PAYANGADI POLICE STATION, KANNUR, PIN-670 001. BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4333 of 2010 -------------------------- ORDER Petitioners 1 to 3 are the defacto complainants and the injured in C.C.No.726/2010 and L.P.No. 93/2008 on the file of Judicial First Class Magistrate's Court, Payyannur, taken cognizance for the offences under Sections 323, 324 and 326 read with Section 34 of Indian Penal Code. This petition is jointly filed by the defacto complainants and the accused to quash the proceedings contending that entire disputes were settled amicably. 2. Learned Public Prosecutor on instructions submitted that a counter case in Crime No.179/2006 as L.P.No.90/2009 is pending against the third petitioner before the learned Magistrate. 3. Learned counsel appearing for the petitioners made available the affidavit signed by the fourth petitioner, the injured defacto complainant in that crime, wherein, fourth CRMC 4333/10 2 petitioner has declared that he has settled the disputes and is prepared to compound the offences before the learned Magistrate. Learned counsel appearing for the petitioners also asserted that as all the disputes in the counter case have also been settled, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.726/2010 and L.P. No.93/2008 on the file of Judicial First Class Magistrate's Court, Payyannur are quashed. 20th December, 2010 (M.Sasidharan Nambiar, Judge) tkv