IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 136 of 2010()
1. ABDUL NAZEER.K.A,S/O.BENEER ABBAS,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,BEKAL POLICE
... Respondent
2. K.M.MOHAMMED NIYAS,S/O.ABDUL RAHIMAN,
For Petitioner :SRI.T.MADHU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
------------------------------------------
CRL.M.C.NO.136 OF 2010
------------------------------------------
Dated 5th March 2010
O R D E R
Petitioner is the seventh accused
in C.C.409/2009 on the file of Judicial
First Class Magistrate-II, Hosdurg taken
cognizance for the offences under Sections
143, 147, 148, 341, 323, 324 and 506(i)
read with Section 149 of Indian Penal Code.
Petition is filed under Section 482 of Code
of Criminal Procedure to quash the
proceedings against the petitioner
contending that the case has been settled
with the second respondent de facto
complainant. Second respondent appeared and
he filed Annexure-3 affidavit stating that
petitioner is his friend and he approached
second respondent to settle his case and he
Crmc 136/10
2
is prepared to settle the case as against the
petitioner alone and he has no intention to
proceed against the petitioner and
therefore, he has no objection for quashing
the case as against the petitioner.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor
were heard.
3. Learned Public Prosecutor
submitted that when the case has not been
settled with the other accused, there cannot
be a quashing of the cognizance taken
against the petitioner alone. I find force in
the submission. Offences alleged against all
the accused are the same. Hence there cannot
be a piecemeal settlement with one of the
accused. Hence, the case cannot be quashed as
sought for, based on settlement.
Crmc 136/10
3
Petition is dismissed. But if there
is settlement with all the accused, they are
at liberty to approach this court for
quashing the proceedings.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.