IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2584 of 2009()
1. RAJIV @ MATTOM RAJU, AGED 32 YEARS,
... Petitioner
2. JYOTHI KUMAR, AGED 32 YEARS,
3. KARTHIKEYAN, AGED 42 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. KARTHIKEYAN, AGED 41 YEARS,
For Petitioner :SRI.ASHIK K.MOHAMMED ALI
For Respondent :SRI.NAVEEN THOMAS
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/08/2009
O R D E R
M.Sasidharan Nambiar, J.
--------------------------
Crl.M.C.No.2584 of 2009
--------------------------
ORDER
Petitioners are the accused and second respondent
the defacto complainant in Crime No.584/2009 of
Cherthala Police Station, registered for the offences
under Sections 283, 294(b), 308 and 323 read with
Section 34 of Indian Penal Code. This petition is field
under Section 482 of Code of Criminal Procedure to
quash Annexure-A FIR and the further proceedings
contending that the disputes with the second
respondent/defacto complainant and the injured were
amicably settled and in such circumstances, it is not
in the interest of justice to continue the prosecution.
2. Second respondent appeared through a counsel
and filed an affidavit stating that there was a
complete settlement of all the disputes with the
petitioners and he does not intend to proceed with the
case further and in such circumstances, he has no
objection for quashing the case.
CRMC 2584/09 2
3. Learned counsel appearing for the petitioners,
second respondent and learned Public prosecutor were
heard.
4. Though offence under Section 308 of Indian
Penal Code is also alleged in Annexure-A FIR as in the
First Information Statement and the body note prepared
by the Sub Inspector, which form part of Annexure-A
FIR, would reveal that there was only simple hurt on
the upper lip apart from contusion on the side of the
left eye. Learned Public prosecutor also submitted that
no grievous hurt was caused to the second respondent.
In such circumstances, when the disputes between the
petitioners and second respondent were amicably
settled, it is not in the interest of justice to
proceed with the case further.
Petition is allowed. Annexure-A FIR and further
proceedings in Crime No.584/2009 of Cherthala Police
Station are quashed.
25th August, 2009 (M.Sasidharan Nambiar, Judge)
tkv