IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.MC.No. 893 of 2011() ----------------------------- (SC NO.403/2010 OF ADDL. DISTRICT AND SESSIONS COURT (ADHOC-III), KASARAGOD) .......... PETITIONER(S): ACCUSED 2&5 ------------------------------------ 1. SHAJAHAN K., AGED 24 YEARS, S/O.KUNHABDULLA, JAMEELA MANZIL, ATHINJAL, AJANUR VILLAGE, KASARAGOD DISTRICT. 2. AJMAL, AGED 22 YEARS, S/O.IBRAHIM, AMINAZ MANZIL, ATHINJAL, AJANUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE & DEFACTO COMPLAINANT AND INJURED/ Cws 1 & 2 ------------------------------------------------------------------------------ 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL KHADER V.V., AGED 22 YEARS, S/O.ABDULLA, SHAFEEQUE MANZIL, MANIKOTH, AJANUR VILLAGE, KASARAGOD DISTRICT. 3. ABDUL BASHEER M., AGED 30 YEARS, S/O.MOIDEEN, MADIYAN, MANIKOTH, AJANUR VILLAGE, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR R2,3 BY ADV. SRI.M.REVIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.893 of 2011 --------------------------------------- Dated this 30th day of March, 2011 ORDER Petitioners are accused 2 and 5 in Crime No.268 of 2008 of Hosdurg Police Station and S.C.No.403 of 2010 of the Additional Sessions Court (Adhoc-III),Kasaragod for offences punishable under Secs.143, 147, 148, 341, 324 and 308 r/w Sec.149 of the Indian Penal Code. Case is that on account of previous enmity, petitioner and other accused formed unlawful assembly, voluntarily caused hurt and attempted to cause death of respondent Nos.2 and 3 with iron rod and cycle chain on 04.05.2008 at about 12.45p.m. Petitioners request this Court to quash proceeding against them on the strength of a settlement reached with respondents 2 and 3. I have heard learned counsel for petitioners, respondents 2 and 3 and learned Public Prosecutor. 2. Learned counsel for petitioners and respondents 2 and 3 have confirmed the settlement. Learned counsel for respondents 2 and 3 confirmed authenticity and genuineness of Annexures-AIII, AIV, AIV(a), the agreement signed between the parties and affidavits of respondents 2 and 3. In the said Crl.M.C.No.893 of 2011 -: 2 :- documents it is stated that the dispute is settled between parties and respondents 2 and 3 do not intend to proceed with the case. Learned Public Prosecutor after getting instruction confirmed that the parties have settled the dispute. 3. It would appear that petitioners and respondents 2 and 3 are youngsters. No other case is also reported against petitioners. Under these circumstances notwithstanding that offences involving public tranquility and peace are also involved, I am inclined to allow the petition since the dispute is personal to and between petitioners and respondents 2 and 3. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.268 of 2008 of Hosdurg Police Station, cognizance taken thereon and all proceedings against petitioners/accused 2 and 5 in S.C.No.403 of 2010 of the Additional Sessions Court (Adhoc-III), Kasaragod are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge