IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 43 of 2011()
1. VILLIAMS, AGED 45 YEARS, S/O. GEORGE
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. GEROGE JOSEPH, AGED 28 YEARS,
For Petitioner :SRI.ASHIK K.MOHAMMED ALI
For Respondent :SRI.NAVEEN THOMAS
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :04/02/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.43 of 2011
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Dated this the 4th day of February, 2011.
ORDER
Petitioner is accused in Crime No.2066 of 2010 of Palluruthy Police
Station for offences punishable under Sections 294(b) and 326 of the Indian
Penal Code. Case is that on 26.12.2010 in the course of a birthday party there
was a quarrel in which petitioner is said to have used obscene words and
assaulted respondent No.2 with a plastic chair causing fracture of the facial
bone. Respondent No.2 has sworn an affidavit stating that the matter is settled
between him and the petitioner.
2. I have heard learned counsel for petitioner, respondent No.2 and
the learned Public Prosecutor. Learned Public Prosecutor has confirmed that
there was a settlement originally and then it was decided that the case need not
be filed.
3. It is seen from the affidavit of respondent No.2 that subsequent to
registration of the case there was a mediation and in that mediation the matter
was settled. He is not interested in proceeding with the case. In view of the
settlement between parties there is no possibility of a successful culmination of
the prosecution. Hence I am inclined to allow this petition.
Crl.MC No.43/2011
2
Resultantly this petition is allowed. The FIR in Crime No.2066 of 2010 of
Palluruthy Police Station and further proceeding thereto against petitioner are
quashed.
THOMAS P.JOSEPH,
Judge.
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