SWARAN P SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused, respondents 2 and 3 the defacto complainant and the injured in C.C.No.308 of 2010 taken cognizance for the offences under Sections 341,323 and 294(b) r/w Section 34 of Indian Penal Code. Prosecution case is that on 08-05-2010 at about 6.45 p.m, in furtherance of their common intention, petitioners wrongfully restrained respondents 2 and 3 and caused hurt by beating with their hands and scolded them using abusive language and thereby committed the offences. Petition is filed under Section 482 Code of Criminal Procedure to quash the cognizance taken contenting that the offence alleged are purely personnel in nature against respondents 2 and 3 and subsequently entire disputes were amicably settled and consequent to the settlement it is not in the interest of justice to continue the prosecution.

(2.) Respondents 2 and 3 appeared through their counsel and filed a joint petition along with the petitioners stating that they have mutually settled all the disputes out of court and therefore, respondents 2 and 3 have no intention to proceed with the case and hence it is to be quashed.

(3.) Learned counsel appearing for petitioners, respondents 2 and 3 and learned Public Prosecutor were heard.