IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Crl.MC.No. 171 of 2011() ---------------------------- (C.C. NO.171/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA, CRIME NO.219/2009 OF PATHANAMTHITTA POLICE STATION) ........... PETITIONER(S): ACCUSED 1 & 2 CWL & 2 ------------------------------------------------ 1. HIJAS, S/O.SHAJI, HIJAS MANZIL, THADIKKADU P.O.,ANCHAL,KOLLAM DIST 2. JAYAKUMAR SAJEEV, S/O.SAJEEV, SANTHIRANGAM, EDATHUA, ALAPPUZHA DIST 3. VISHNU RAMESH, S/O.RAMESH, MADATHIL (H) EZHUPUNNA,ALAPPUZHA 4. ABDUL HAKKIM,S/O.USMANKUNJU, PERANICKALZ9H) KAYAMKULAM BY ADVS. SRI.V.K.SUNIL SMT.NIMA JACOB RESPONDENT(S): STATE ----------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.M.MUHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.171 of 2011 --------------------------------------- Dated this 25th day of January, 2011 ORDER Petitioners are accused Nos.1 and 2 and the injured in Crime No.219 of 2009 of Pathanamthitta Police Station and C.C.No171 of 2009 of the court of learned Chief Judicial Magistrate, Pathanamthitta. Petitioners 1 and 2 faced trial for offences punishable under Secs. 143, 147, 148, 341, 323 and 324 r/w Sec.149 of the Indian Penal Code. Case is that petitioner along with others, on account of the injured complaining that a mobile phone and gold ornaments were stolen from the hostel, formed unlawful assembly, wrongfully restrained and voluntarily caused hurt to petitioner Nos.3 and 4 with a punch. Learned counsel submits that the matter is settled between the parties and accordingly petitioner Nos.3 and 4, injured have joined the petition to quash the proceedings. 2. I have heard learned counsel for petitioners and learned Public Prosecutor. Learned Public Prosecutor after getting instructions has confirmed the fact of settlement between the parties. Crl.M.C.No.171 of 2011 -: 2 :- 3. It would appear that the alleged incident occurred as a sequel to the complaint of theft of mobile phone and gold ornaments from the hostel. Petitioners are hostelmates. It is seen from the petition that the dispute is settled between petitioner Nos.1 and 2 and 3 and 4. Taking into account the fact that petitioners are college students and hostelmates, considering the alleged motive for the incident, the compromise reached between the parties and also taking into account the bleak possibility of a success for prosecution in the light of the stand of petitioner Nos.3 and 4 I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report against petitioner Nos.1 and 2 in Crime No.219 of 2009 of Pathanamthitta Police Station, cognizance taken thereon and all further proceedings in C.C.No.171 of 2009 of the court of learned Chief Judicial Magistrate, Pathanamthitta will stand quashed against petitioner Nos.1 and 2. (THOMAS P JOSEPH, JUDGE) Sbna/-