TIPPU T Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused Nos.3, 4 and 7 in Crime No.6 of 2005 of Adhur Police Station, Kasaragod. They, along with others are charge-sheeted for offences punishable under Sections 143, 147, 148, 341, 326 and 308 read with Section 149 of the Indian Penal Code (for short, "the Code"). Case is that on 06.01.2005 at about 7.30 p.m. petitioners and others formed unlawful assembly and attacked respondent Nos.2 to 4 with sticks causing grievous hurt to respondent No.2. Some of the accused faced trial and were acquitted since the witnesses refused to support prosecution. PETITIONERS seek to quash proceeding against them on the strength of a settlement reached with respondent Nos.2 to 4. Respondent Nos.2 to 5 have appeared through counsel and filed Annexures-A3 to A4, affidavits stating that the dispute is settled. I have heard learned counsel for petitioner, respondent Nos.2 to 4 and the learned Public Prosecutor.

(2.) IT is seen from Annexure-A2, judgment of learned Additional Sessions Judge (Adhoc-III), that those accused who faced trial were acquitted since prosecution witnesses did not support the prosecution. In paragraph 12 of Annexure-A2, judgment learned Additional Sessions Judge observed that inspite of Public Prosecutor confronting the prosecution witnesses with their previous statement nothing turned out and it appeared that there was a settlement between the parties. Annexures-A3 to A5 show that respondent Nos.2 to 4 have settled the dispute with petitioners. In view of Annexures-A3 to A5 and considering the manner in which witnesses for the prosecution gave evidence regarding the alleged incident, I am inclined to allow this petition.