IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 Crl.MC.No. 4742 of 2010 ------------------------- (Crime No.1065 of 2010 of Adoor Police Station.) PETITIONERS/ACCUSED 1 AND 2: ----------------------------------- 1. PRABIN,S/O.CHANDRA BABU,PRABIN NIVAS, KADMAN KUZHI,POOTHAMKARA,ENADIMANGALAM. 2. SIVANKUTTY,S/O.KUNJUPILLAI, CHEENIVILA VADAKKETHIL,ELAMANNOOR PO. BY ADV. SRI.ARUN.B.VARGHESE SRI.JAYKAR.K.S. RESPONDENTS/STATE, DE FACTO COMPLAINANT, INJURED PERSON: ------------------------------------------------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. CHANDRABABU,PRABIN NIVAS, KADMAN KUZHI, POOTHAMKARA,ENADIMANGALAM, PATHANAMTHITTA. 3. PRASSANNAKUMARI.D,W/O.CHANDRA BABU, PRABIN NIVAS, KADMAN KUZHI P.O.,,POOTHAMKARA, ENADIMANGALAM, PATHANAMTHITTA. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA, , BY R2 AND R3 BY ADV. SRI.P.HARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4742 of 2010 -------------------------------------- Dated this the 14th day of January, 2011. ORDER This petition is filed by the accused in Crime No.1065 of 2010 of Adoor Police Station to quash Annexure-AI, FIR and further proceedings having regard to the settlement they have reached with defacto complainant and his wife (respondent Nos.2 and 3). Petitioner No.1 is the son of respondent Nos.2 and 3 while petitioner No.2 is the brother of respondent No.3. Case is that on 11.10.2010 at about 8 p.m. petitioners trespassed into the house of respondent No.2, used obscene words against them, voluntarily caused hurt and committed mischief. Police registered Crime No.1065 of 2010 for offences punishable under Sections 294(b), 449, 323, 324, 427 and 307 read with Section 34 of the Indian Penal Code. Parties have settled the dispute. 2. I am told that petitioner No.1 is working in Merchant Navy. Petitioners ofcourse have a different version as to the genesis of the incident. But it is not necessary for me to go into that question. Parties are closely related. Affidavits sworn by respondent Nos.2 and 3 show that they have no grievance against petitioners and that the dispute is settled. Crl.M.C.No.4742/2010 2 3. This case appears to be the result of a family squabble which has taken larger dimension and resulted in a criminal case as above stated. Settlement is reached between the parties. To maintain peace of the family and since there is no possibility of a successful prosecution I am inclined to allow this petition. Resultantly this petition is allowed and Annexure-AI, FIR in Crime No.1065 of 2010 of Adoor Police Station and all further proceedings therein are quashed. Crl.M.A.No.7676 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks