IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 Crl.MC.No. 269 of 2011() ----------------------------- (CRIME NO. 29/2001 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT) .......... PETITIONER(S):ACCUSED ------------------------------ RAJESH @ SURESH , AGED 30 YEARS,S/O.RAJAN NAMBIDI HOUSE, VADAKKUNNU DESOM, MOOKUTALA P.O., NANNAMUKKU VILLAGE, POONNANI,MALAPPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNKULAM, (CRIME NO.29/01 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM). 2. PARASAD ,AGED 33 YEARS S/O.GOVINDAN, OILIYIL PADINHAKKARA HOUSE PALLIKKARA AMSOM, VADAKKUMMURI DESOM PONNANI TALUK, 680 570. 3. JAYAN,AGED 40 YEARS S/O.ACHUTTY,PUTHIYIRUTHY HOUSE, PALLIKKARA AMSOM, VADAKKUMMURI DESOM PONNANI TALUK, 680 570. 4. DILEEP, AGED 35 YEARS S/O.BALAN, VAZHAVALAPPIL HOUSE PALLIKKARA AMSOM, VADAKKUMMURI DESOM PONNANI TALUK, 680 570. 5. SURESH VAZHAVALAPPIL AGED 33 YEARS,S/O.BALAN, VAZHAVALAPPIL HOUSE PALLIKKARA AMSOM, VADAKKUMMURI DESOM,PONNANI TALUK, 680 570. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2-5 BY ADV. SRI.SHAJIN S.HAMEED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.269 of 2011 --------------------------------------- Dated this 28th day of January, 2011 ORDER Petitioner is accused No.4 in Crime No.29 of 2001 of Changaramkulam Police Station for offences punishable under Secs. 323 and 324 r/w Sec.34 of the Penal Code. Prosecution case is that on 31.01.2001 at about 5.30p.m petitioner while celebrating the victory of their candidate in the election voluntarily caused hurt to CW1 to 4/respondent Nos.2 to 5 with stick. Annexure-1 is the final report submitted by the police based on which learned Judicial First Class Magistrate, Ponnani took cognizance and filed C.C.No.257 of 2002. Since petitioner was abroad, he could not take part in the trial of the said case. As per Annexure-2, judgment, accused No.3 was acquitted. Two other accused were acquitted under Sec.320(8) of the Code of Criminal Procedure by judgment dated 19.10.2005. Case against petitioner remained. Now petitioner and CWs.1 to 4 have settled the dispute. 2. I have heard learned counsel for petitioner, respondent Nos.2 to 5 and learned Public Prosecutor. Crl.M.C.No.269 of 2011 -: 2 :- 3. It is seen from Annexures-3 to 6, affidavits sworn by CWs.1 to 4/respondent Nos.2 to 5 that a settlement is reached between petitioner and them. In the light of that settlement, there is no possibility of a successful culmination of the prosecution. Having regard to the cordial relationship between petitioner and respondent Nos.2 to 5 I am inclined to interfere under Sec.482 of the Code. Resultantly this criminal miscellaneous case is allowed. Annexure-A1, final report in Crime No.29 of 2001 of Changarakulam Police Station, and the proceedings in L.P.No.48 of 2007 of learned Judicial First Class Magistrate, Ponnani to the extent it concerned petitioner are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-