IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Crl.MC.No. 470 of 2011() ------------------------ CC.728/2010 of JUDL.FIRST CLASS MAGISTRATE COURT, VATAKARA .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. YOONUS, S/O. YOUSAF, MEETHALEPARAMBATH, AZHIYOOR, KUNHIPALLI. 2. SAMEER, S/O. UMMER, AMBALATHUKANDI,AZHIYOOR, KUNHIPALLI. 3. MUHAMMED IJAS, S/O. IBRAHIM THALAKKAL, SAL SABEEL, NEAR HAJIYAR PALLI, AZHIYOOR, KUNHIPALLI.VATAKARA. 4. ILLYAS, S/O. MAMMOOTTY, KUVAKANDI, AZHIYOOR, KUNHIPALLI,VATAKARA. 5. JASEER, S/O. BASHEER, PALLIYATH, AZHIYOOR, KUNHIPALLI, VATAKARA. 6. SADIQ, S/O. BEERAN, PUTHIYAVEETIL, SHIFA GAR, AZHIYOOR, KUNHIPALLI, VATAKARA. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINTS: ------------------------------------------------ 1. FAYIS.K, AGED 25, S/O, ASSAINAR, AYISHOMMA QUARTERS, MAHI AMSOM, MANJAKKAL DESOM, THALASSERY - 673 310. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SMT. BINDU GEORGE R2 BY PUBLIC PROSECUTOR SRI. JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.470 of 2011 -------------------------------------- Dated this the 10th day of March, 2011. ORDER Petitioners are accused in Crime No.37 of 2009 of Chombola Police Station and C.C.No.728 of 2010 of the court of learned Judicial First Class Magistrate, Vadakara for offences punishable under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of the Indian Penal Code (for short, “the Code”). Petitioners request to quash proceeding against them on the strength of a settlement reached with respondent No.1/injured and the defacto complainant. I have heard learned counsel for petitioners, respondent No.1 and the learned Public Prosecutor. 2. Learned counsel for respondent No.1 and the learned Public Prosecutor after getting instruction have submitted that the dispute is settled between the parties. Annexure-II is the affidavit sworn by respondent No.1, the authenticity of which is admitted by learned counsel for respondent No.1. 3. Though offences under Sections 143, 147 and 148 of the Code are involved and the motive alleged is political enmity it is revealed from the wound certificate that respondent No.1 suffered only minor injuries. In his affidavit he has stated that he chose to get admitted in the hospital due to the fear that he may be implicated by the petitioners in a case. In these Crl.MC No.470/2011 2 circumstances I am inclined to allow the request. Resultantly this petition is allowed. The final report in Crime No.37 of 2009 of Chombola Police Station, cognizance taken thereto and proceeding against petitioners/accused in C.C.No.728 of 2010 of the court of learned Judicial First Class Magistrate, Vadakara are quashed. THOMAS P.JOSEPH, Judge. cks