IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 269 of 2011()
1. RAJESH @ SURESH , AGED 30 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REP BY PUBLIC
... Respondent
2. PARASAD ,AGED 33 YEARS
3. JAYAN,AGED 40 YEARS
4. DILEEP, AGED 35 YEARS
5. SURESH VAZHAVALAPPIL
For Petitioner :SRI.S.RAJEEV
For Respondent :SRI.SHAJIN S.HAMEED
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :28/01/2011
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.269 of 2011
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Dated this 28th day of January, 2011
ORDER
Petitioner is accused No.4 in Crime No.29 of 2001 of
Changaramkulam Police Station for offences punishable under
Secs. 323 and 324 r/w Sec.34 of the Penal Code. Prosecution
case is that on 31.01.2001 at about 5.30p.m petitioner while
celebrating the victory of their candidate in the election
voluntarily caused hurt to CW1 to 4/respondent Nos.2 to 5 with
stick. Annexure-1 is the final report submitted by the police
based on which learned Judicial First Class Magistrate, Ponnani
took cognizance and filed C.C.No.257 of 2002. Since petitioner
was abroad, he could not take part in the trial of the said case.
As per Annexure-2, judgment, accused No.3 was acquitted. Two
other accused were acquitted under Sec.320(8) of the Code of
Criminal Procedure by judgment dated 19.10.2005. Case against
petitioner remained. Now petitioner and CWs.1 to 4 have settled
the dispute.
2. I have heard learned counsel for petitioner,
respondent Nos.2 to 5 and learned Public Prosecutor.
Crl.M.C.No.269 of 2011
-: 2 :-
3. It is seen from Annexures-3 to 6, affidavits sworn by
CWs.1 to 4/respondent Nos.2 to 5 that a settlement is reached
between petitioner and them. In the light of that settlement,
there is no possibility of a successful culmination of the
prosecution. Having regard to the cordial relationship between
petitioner and respondent Nos.2 to 5 I am inclined to interfere
under Sec.482 of the Code.
Resultantly this criminal miscellaneous case is allowed.
Annexure-A1, final report in Crime No.29 of 2001 of
Changarakulam Police Station, and the proceedings in L.P.No.48
of 2007 of learned Judicial First Class Magistrate, Ponnani to the
extent it concerned petitioner are quashed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-