LAWS(KER)-2011-5-160

ABDUL MAJEED P A @ MAJEED AND KUNHAMMED P A @ AHAMMED Vs. ABDUL SALAM P M , ABDULLA KUNHI P M @ ABDULLA, MUHAMMED SHERIEF AND STATION HOUSE OFFICER

Decided On May 25, 2011
ABDUL MAJEED P A @ MAJEED AND KUNHAMMED P A @ AHAMMED Appellant
V/S
ABDUL SALAM P M , ABDULLA KUNHI P M @ ABDULLA, MUHAMMED SHERIEF AND STATION HOUSE OFFICER Respondents

JUDGEMENT

(1.) Respondents 1 to 3, the injured are direct brothers and closely related to Petitioners/accused 1 and 2. The incident occurred on 27.10.2007 at about 6.15 p.m. It appears that there was some family dispute between the parties. It is alleged that Petitioners assaulted Respondents 1 to 3 with iron rod and knife inflicting injuries on Respondents 1 to 3. The Bekal Police registered Crime No. 436 of 2007 for offences punishable under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code (for short, "the IPC"). After investigation the Police submitted final report against Petitioners (accused 1 and 2). A charge under Section 308 of the IPC is incorporated on the allegation that had not the injured evaded the blow with the knife, it would have resulted in the death of the injured. Petitioners request to quash proceedings against them on the strength of a settlement reached with Respondents 1 to 3. . I have heard learned Counsel for Petitioners, Respondents 1 to 3 and the learned Public Prosecutor.

(2.) Respondents 1 to 3 have filed affidavits stating that the dispute is settled between them and Petitioners/accused 1 and 2 and that they have no further grievance in the matter. They have no objection in quashing proceedings against Petitioners. Learned Counsel for Petitioners and Respondents 1 to 3 have confirmed the settlement. Learned Counsel for Crl.MC No. 1142/2011 Respondents 1 to 3 has also confirmed authenticity and genuineness of Annexures-A 2 to A4, affidavits sworn by Respondents 1 to 3. Learned Public Prosecutor submitted that since Respondents 1 to 3 are not in station, the Police could not contact them but the statement of their sister, Ramla was recorded which revealed that there were some family disputes between the parties which resulted in the incident, the well-wishers and elders in the family discussed the matter and settled the dispute and accordingly, the case has been settled. 3. In the light of above, I am inclined to think that proceeding with the case is of no use. Since the dispute is settled between the parties, there is no chance for a successful culmination of the proceeding. In order to keep the cordial relationship parties have reached as a result of the settlement, it is necessary to terminate the proceeding.