IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Crl.MC.No. 362 of 2011() ------------------------ CRIME NO.206/2010 OF ALUVA WEST POLICE STATION PETITIONER(S)/ACCUSED: --------------- 1. SABU, AGED 38 YEARS, S/O.PANKAJAN, LAKSHAM VEEDU COLONY, KADEPPILLY KARA, ALUVA WEST VILLAGE, ALUVA TALUK. 2. SINTO, AGED 28 YEARS, S/O.CHANDRAN KOTTEKKATTU HOUSE, CHERTHANADU KARA, ALANGADU VILLAGE,PARAVOOR TALUK. 3. SALISH, AGED 26 YEARS, S/O.KRISHNAKUTTY PANDARANPARAMBIL HOUSE, KADEPPILLY KARA, ALUVA WEST VILLAGE, ALUVA TALUK. 4. AKHIL DAS, AGED 20 YEARS, S/O.APPUKKUTTAN, PUTHENPARAMBIL, AKHIL NIVAS, EAST KADUNGALLOOR KARA,KADUNGALLOOR VILLAGE, PARAVOOR TALUK. BY ADV. SRI.V.N.SUNIL KUMAR RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031. 2. JAIN JOHN, AGED 17 YEARS, (MINOR) S/O.JOHN, PETTA HOUSE, VELIYATHUNADU KARA, KARUMALLOOR VILLAGE, PARAVOOR TALUK, PIN 683 511, REPRESENTENTED BY HIS FATHER P.T.JOHN,AGED 58 YEARS, S/O.THOMAS, PETTA HOUSE, VELIYATHUNADU KARA KARUMALLOOR VILLAGE, PARAVOOR TALUK,PIN 683 511. ADV. SRI.A.P.SHERI FOR R2 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.362 of 2011 -------------------------------------- Dated this the 21st day of February, 2011. ORDER Petitioners are accused in Crime No.206 of 2010 of Aluva West Police Station for offences punishable under Sections 324 and 326 of the Indian Penal Code. Prosecution case is that on 25.12.2010 at about 1.30 a.m. petitioners voluntarily caused hurt/grievous hurt to respondent No.2 by beating him with iron rod. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2 and his father and natural guardian (since respondent No.2 is aged about 17 years). I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. 2. Learned counsel for petitioners stated and it is admitted by learned counsel for respondent No.2 also that petitioners paid compensation to respondent No.2 . Learned Public Prosecutor also submitted that parties have settled the dispute and in the statement given by respondent No.2 to the Police it is stated that petitioners have agreed to provide treatment expenses for respondent No.2. 3. It would appear that petitioners had no enmity towards respondent No.2 and that it was a case of mistaken identity for somebody else. Under Section 320(4)(a) of the Code of Criminal Procedure when a person who is otherwise competent to compound an offence is under the age of 18 years, any Crl.MC No.362/2011 2 person competent to contract on his behalf may with the permission of the court compound offence shown in the schedule. In the present case, since respondent No.2 is aged about 17 years, the affidavit (Annexure-III) is sworn by his father and legal guardian. The dispute is settled between parties. Trial in the circumstances is only a wasteful exercise. Compounding petition is also filed. In the circumstances I am inclined to allow this petition. Resultantly this petition is allowed. Annexure-I, FIR in Crime No. 206 of 2010 of Aluva West Police Station and proceeding taken pursuant thereto against petitioners are quashed. THOMAS P.JOSEPH, Judge. cks