IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Crl.MC.No. 1595 of 2011() ------------------------- CC.49/2011 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... (CRIME NO.379/2005 OF AREACODE POLICE STATION) ........ PETITIONER(S): ACCUSED: ----------------------------------------- SAMEERULLA, S/O.SAIDALAVI, KAKKUNDEERI HOUSE, PATHANAPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE AND INJURED: ------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. MUHAMMED ASHARAF, S/O.MOIDEEN, MOOTHOTHUPARAKKAL PALLIKKALKANDI HOUSE, PATHANAPURAM, MALAPPURAM DISTRICT-676 505. 3. MUHAMMED SALU, S/O.BASHEER, MANGALASSERY HOUSE, PATHANAPURAM, MALAPPURAM DISTRICT-676 505. 4. MUHAMMED @ AHAMMEDKUTTY, S/O.KHADER, MANNILTHODI HOUSE, PATHANAPURAM, MALAPPURAM DISTRICT-676 505. 5. SAYED, S/O.ABDULLA, KOLOTHODI HOUSE, PATHANAPURAM, MALAPPURAM DISTRICT-676 505. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R2 TO R5 BY ADV. SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1595 of 2011 -------------------------------------- Dated this the 8th day of June, 2011. ORDER Petitioner is the fourth accused in Crime No.379 of 2005 of Areacode Police Station for offences punishable under Sections 143, 147, 148, 323 and 324 read with Section 149 of the Indian Penal Code. Police submitted final report against 11 accused including petitioner alleging that on 26.09.2005 there was a clash between people belonging to two political fronts. Learned Magistrate took cognizance and filed C.C.No.172 of 2006. That case was settled between the accused therein and respondents 2 to 5 who allegedly sustained injuries in the incident. That case ended in acquittal as per Annexure-B, judgment. Since petitioner was abroad case against him was refilled as C.C.No.215 of 2008 (now the case against petitioner is refiled as C.C. No.49 of 2011) before learned Chief Judicial Magistrate, Manjeri. Petitioner seeks to quash proceeding against him on the strength of a settlement with respondents 2 to 5 and in view of Annexure-B, judgment acquitting other accused in the case. I have heard learned counsel for petitioner, respondents 2 to 5 and the learned Public Prosecutor. 2. Annexures –C to F are affidavits sworn by respondents 2 to 5 and attested by a Notary Public where it is stated that they have settled the dispute and do not want to proceed with the matter further. Learned counsel for Crl.M.C.No.1595/2011 2 petitioner and respondents 2 to 5 have confirmed the settlement. Learned counsel for respondents 2 to 5 has confirmed authenticity and genuineness of Annexures-C to F, affidavits. Learned Public Prosecutor on getting instruction submitted that parties have settled the dispute. 3. The allegation is that petitioner and other accused assaulted respondents 2 to 5 with firewood pieces and stone. It is seen from Annexure-B, judgment that all the injured were examined as PWs 2, 6 to 10. Of them PWs 6 to 10 turned completely hostile to the prosecution. PW2 stated that though he sustained injuries, he could not identify the assailants. Those injured persons have sworn Annexures-C to F, affidavits. In that situation sending petitioner for trial would be of no use since the injured witnesses are not going to support the prosecution particularly in the light of Annexures–C to F, affidavits. Hence I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Proceeding against petitioner/fourth accused in C.C.No.49 of 2011 of the court of learned Chief Judicial Magistrate, Manjeri (arising from final report in Crime No.379 of 2005 of Areacode Police Station) is quashed. THOMAS P.JOSEPH, Judge. cks Crl.M.C.No.1595/2011 3