MUHAMMED NIJAS A Vs. STATE

JUDGEMENT

(1.) PETITIONERS are the accused in Crime No.317 of 2010 of Chandera Police Station for offences punishable under Secs.323, 324 and 308 r/w Sec.34 of the Indian Penal Code. Prosecution case is that on 26.05.2010 at about 10.45p.m petitioners and the 4th accused (who being a juvenile at the relevant time, final report against him was preferred in the Juvenile Justice Court) assaulted the second respondent with knife and stone, voluntarily caused hurt and attempted to cause his death. It is alleged that 4th accused aimed knife on the neck of the second respondent, the latter evaded it, the knife fell on his head and thus caused injury. Annexure-I is the FIR and Annexure-II is the final report. PETITIONERS seek to quash proceedings against them on the strength of Annexures-3 and 4, agreement between petitioners and second respondent and the affidavit of the latter. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor.

(2.) LEARNED counsel for second respondent has confirmed Annexures-3 and 4, agreement and settlement. LEARNED Public Prosecutor after getting instruction has submitted that the matter has been settled and that the investigating officer has recorded the statement of second respondent which also is to the same effect.