JOSEPH @ JOMON Vs. SAJI K AND ANR

JUDGEMENT

(1.) Petitioners are accused 1 and 2 in Crime No. 327 of 2004 of Kanjirappally Police Station and C.C. No. 99 of 2009 of Judicial First Class Magistrate Court-I, Kanjirappally for offences punishable under Sections 341, 323, 294(b) and 506(ii) read with Section 34 of the Indian Penal Code. That case was registered on a complaint filed by the first Respondent and forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The case was originally taken on file as C.C. No. 703 of 2004. The third accused faced trial and was acquitted as per Annexure-2, judgment. Case against Petitioners was re-filed as C.C. No. 99 of 2009. Petitioners have settled the dispute with the first Respondent who has sworn Annexure-4, affidavit which is attested by counsel for the first Respondent in this proceeding. I have heard the learned Counsel for Petitioners, first Respondent and learned Public Prosecutor.

(2.) Learned Counsel on both sides confirmed the statement. Learned Counsel for first Respondent has also confirmed authenticity of Annexure-4, affidavit. It is seen from Annexure-4, affidavit that first Respondent has settled the dispute with Petitioners. Since, the dispute between Petitioners and the first Respondent is settled, I am inclined to interfere and terminate the proceeding.