IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4333 of 2010()
1. MUNSHID, S/O.MAHAMOOD, AGED 23,
... Petitioner
2. ATTAKOYA THANGAL,
3. MUNSAR, S/O.MUHAMMED, AGED 28,
4. RAFEEQUE @ CHOTTA RAFEEQUE, AGED 29,
5. SAJID P.P., S/O.ABDULLA,
6. ANEES V.P., AGED 27,
7. NOUFAL.K.M., AGED 28,
Vs
1. STATE OF KERALA TO BE REP.BY PUBLIC
... Respondent
2. S.H.O.,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4333 of 2010
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ORDER
Petitioners 1 to 3 are the defacto complainants
and the injured in C.C.No.726/2010 and L.P.No.
93/2008 on the file of Judicial First Class
Magistrate’s Court, Payyannur, taken cognizance for
the offences under Sections 323, 324 and 326 read
with Section 34 of Indian Penal Code. This petition
is jointly filed by the defacto complainants and
the accused to quash the proceedings contending
that entire disputes were settled amicably.
2. Learned Public Prosecutor on instructions
submitted that a counter case in Crime No.179/2006
as L.P.No.90/2009 is pending against the third
petitioner before the learned Magistrate.
3. Learned counsel appearing for the
petitioners made available the affidavit signed by
the fourth petitioner, the injured defacto
complainant in that crime, wherein, fourth
CRMC 4333/10 2
petitioner has declared that he has settled the
disputes and is prepared to compound the offences
before the learned Magistrate. Learned counsel
appearing for the petitioners also asserted that as
all the disputes in the counter case have also been
settled, it is not in the interest of justice to
continue the prosecution.
Petition is allowed. C.C.No.726/2010 and L.P.
No.93/2008 on the file of Judicial First Class
Magistrate’s Court, Payyannur are quashed.
20th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv