IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1771 of 2011() ------------------------------------- SC.NO. 247/2009 of PRINCIPAL SESSIONS COURT, THRISSUR CRIME NO.230/2008 OF VALAPAD POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------------------------- 1. PAVITHRAN, S/O.RAMANATHAN, AGED 44 YEARS KARAYIL HOUSE, KZHIPRAM DESOM, VALAPPAD VILLAGE, THRISSUR DISTRICT. 2. SHAJI DAS, S/O.PUSHPANGADAN, AGED 41 YEARS, KARAYIL THEKOOTT HOUSE, KZHIPRAM DESOM, VALAPPAD VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. AMBIKA, AGED 37 YEARS, W/O.GOPINATHAN, CHANDANAPURAKKAL HOUSE, KAZHIMBRAM DESOM, VALAPAD VILLAGE, CHAVAKKAD THALUK, THRISSUR DISTRICT.PIN- 680 567 R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA R2 BY ADV. SRI.P.ANOOP (MULAVANA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1771/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX-A: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER. ANNEX-B: COPY OF THE FIRST INFORMATION REPORT REGISTERED BY THE VALAPAD POLICE. ANNEX-C: COPY OF THE FINAL REPORT FILED BY THE VALAPAD POLICE. ANNEX-D: COPY OF THE AFFIDAVIT SWORN TO THE RESPONDENT EVIDENCING THE ABOVE FACT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1771 of 2011 ==================================== Dated this the 21st day of June, 2011 O R D E R Petitioners are accused 2 and 4 in Crime No.230 of 2008 of Valappad Police Station and S.C. No.247 of 2009 and L.P. No.61 of 2009 of the court of learned Sessions Judge, Thrissur for offences punishable under Sections 506(i) of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act . Case is that on 28.03.2010 at about 5 p.m petitioners and accused 1 and 3 in furtherance of their common intention criminally intimidated the second respondent and intentionally insulted her in public by calling caste name. Petitioners say that they have settled the dispute with the second respondent and request to quash proceedings against them. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel confirmed the settlement. Annexure-D is the affidavit of the second respondent. Learned counsel for second respondent confirmed authenticity and genuineness of that affidavit. It is submitted by learned counsel for petitioners that there was a dispute regarding right of way, the CRL.M.C. No.1771 of 2011 -: 2 :- civil suit concerning that also is settled and in view of the settlement between parties proceedings may be quashed. It is submitted that regarding accused 1 and 3 proceeding is pending in the court of learned Judicial First Class Magistrate, Kodungallur. Settlement involved accused 1 and 3 as well. Learned counsel submitted that steps are being taken to quash proceedings against accused 1 and 3 also. Since the dispute is settled between the parties I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No.230 of 2008 of Valappad Police Station, cognizance taken thereon and proceeding in S.C. No.247 of 2009 of the Court of learned Sessions Judge, Thrissur to the extent it concerned petitioners/accused 2 and 4 are quashed. THOMAS P. JOSEPH, JUDGE. vsv