IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Crl.MC.No. 773 of 2011() ------------------------------------- S.C.NO. 233/2009 of ASSISTANT SESSIONS COURT, PARAVUR CRIME NO.2202/2007 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT .................... PETITIONER(S): ACCUSED NOS.1 TO 12 ---------------------------------------------------------- 1. NISSAR, S/O.KOCHUNNY, AGED 32, KANNELIL HOUSE, THADIKKAKADAVU, KARUMALOOR VILLAGE, ERNAKULAM DISTRICT. 2. RIYAS, S/O.ZAYED, AGED 28, KUTTUNKAL HOUSE, THADIKKAKADAVU, KARUMALOOR VILLAGE, ERNAKULAM DISTRICT. 3. ANWAR, S/O.ALY, AGED 29, AATHANADU HOUSE, ELOOKARA, KARUMALOOR VILLAGE, ERNAKULAM DISTRICT. 4. SATHAR, S/O.MOIDEEN, AGED 32, VALATH HOUSE, VELIYATHYNADU, KARUMALOOR VILLAGE, ERNAKULAM DISTRICT. 5. AJI @ AJEER, S/O.KUNJIMARAKKAR, AGED 38, MATTOORAKATHOOTTU HOUSE, VELIYATHUNADU, KARUMALOOR VILLAGE, ERNAKULAM DISTRICT. 6. ABDUL HAMEED, S/O. MUHAMED, AGED 36, KIZHAKETHIL HOUSE, KOTTAPPURAM, ALANGADU VILLAGE, ERNAKULAM DISTRICT. 7. HARIS, S/O. MUHAMED, AGED 36, MANNARKATTILHOUSE, KUNJUNNIKARA, ALANGADU VILLAGE, ERNAKULAM DISTRICT. 8. NAZER, S/O.KUNJAN PILLAI, MARANGATTU HOUSE, KUNJUNNIKARA, ALANGADU VILLAGE, ERNAKULAM DISTRICT. 9. SHABEER @ SHEBY, S/O.MOOSA, AGED 30, VATASSERIPARAMABIL HOUSE, VELIYATHUNADU, ALANGADU VILLAGE, ERNAKULAM DISTRICT. 10. SALIM, S/O.ZAYED MUHAMED, AGED 31, THINAMPRATH HOUSE, KEEZHUMADUKARA, ALUVA WEST VILLAGE, ERNAKULAM DISTRICT. CRMC.NO.773/2011 11. BASHEER, S/O. KUNJUMUHAMD, AGED 36, KATTIPARAMBIL HOUSE, ELOOKARA, ALANGADU VILLAGE, ERNAKULAM DISTRICT. 12. ABDUL AZEES, S/O. MUHAMD, AGED 34, PULIKAPRAMBIL HOUSE, ELOOKARA, ALANGADU VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL K.MUHAMMED RESPONDENT(S)/STATE, DEFACTO COMPLAINANT AND CHARGE WITNESSES 2 TO 4 --------------------------------------------------------------------------------------------------------------------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. HARSHAD, S/O. ABOOBACKER, VADAKKEKATTU HOUSE, VELIYATHUNADUKARA, KARUMALOOR VILLAGE, ERNAKULAM DISTRICT. 3. AZAD, S/O. ABOOBACKER, VADAKKEKATTU HOUSE, VELIYATHUNADUKARA, KARUMALOOR VILLAGE, ERNAKULAM DISTRICT. 4. HABEED, S/O.HASSAN, KADAVIL HOUSE, METHANAMKARA, ALANGADU VILLAGE, ERNAKULAM DISTRICT. 5. RAHIM, S/O.HASSAN, NARADIPARAMBIL HOUSE, CHIRAYAMKARA, ALANGADU VILLAGE, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2 TO R5 BY ADV. SRI.T.E.ISMAIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.773 of 2011 --------------------------------------- Dated this 28th day of March, 2011 ORDER This case is to quash the final report and other proceeding against petitioners. Aluva police registered Crime No.2202 of 2007 against petitioners for offences punishable under Secs.143, 147, 148, 324, 326 and 307 r/w Sec.149 of the Indian Penal Code. Case is that on 27.11.2007 at about 5.30p.m due to CW5, brother of CW1 objecting to give a marriage certificate to the first accused from the Mosque, petitioners formed unlawful assembly and voluntarily caused hurt/grievous hurt and attempted to cause their death on the relevant day, time and place with sword stick, iron rod and stick. Respondent Nos.2 to 5 are the injured. It is submitted that the parties have settled the dispute. 2. I have heard learned counsel for petitioners, respondent Nos.2 to 5 and learned Public Prosecutor. Fact of settlement is confirmed by learned counsel for petitioners and respondent Nos.2 to 5. It is submitted that respondent Nos.2 to 5 have sworn Annexure-B series, affidavits before counsel for respondent Nos.2 to 5 who has confirmed authenticity of those Crl.M.C.No.773 of 2011 -: 2 :- affidavits. Annexure-B series, affidavits show that the dispute is settled between respondent Nos.2 to 5 and petitioners. 3. It is true that offences involving public tranquility and peace are also incorporated in the case. But essentially it is a dispute between petitioners and respondent Nos.2 to 5 following refusal to give a marriage certificate in connection with the marriage of first accused/first petitioner. Since that dispute is settled between parties, there may not be any successful culmination of prosecution. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.2202 of 2007 of Aluva Police Station, cognizance taken thereon and proceedings against petitioners in S.C.No.233 of 2009 of the Assistant Sessions Court, North Paravur are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge