NITHIN AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THE petitioners herein are accused Nos. 2 and 3 in Anx. A -1 Crime No. 220/2011 of Ambalathara Police Station, Kasargod district, registered for offences under Secs. 143, 147, 148, 341, 323, 324, 506(ii) read with Sec. 149 of the I.P.C. The Police, after investigation submitted the impugned Anx. A -II final report/charge sheet, which led to the pendency of Calendar Case, C.C. No. 327/2013 on the file of the Judicial First Class Magistrate's Court -I, Hosdurg. The prosecution allegation is that on 27.5.2011, at about 19.30 Hrs., the accused themselves constituted into an unlawful assembly at Nambiarkochi in Thayannur village and in furtherance of their common object, the accused restrained the 2nd respondent defacto complainant and attacked him with hand and iron rod and caused simple hurt after threatening him and thereby committed the above said offence.

(2.) THE petitioners herein, who are A -2 and A -3, did not participate in the trial and the case against them was split up. The remaining accused Nos. A -1, A -4, A -5 and A -6, who faced trial, were acquitted by Anx. A -III judgment. It is further stated that the entire disputes between the petitioners and the 2nd respondent defacto complainant have been settled as borne out by Anx. A -IV affidavit. The petitioners, who were the remaining accused, later appeared before the court below and the matter was re -numbered as C.C. No. 327/2015 on the file of the Judicial First Class Magistrate's Court -I, Hosdurg. The plea is that the substratum of the prosecution case is shattered by the acquittal of the co -accused as per Anx. A -III judgment. The plea for quashment is made on the basis of decisions of this Court in the cases Moosa v. Sub Inspector of Police reported in : 2006 (1) KLT 552, Ashraf Kancheriyil v. State of Kerala reported in : 2011 (2) KHC 8123, and Abbas v. State of Kerala, reported in : 2013 (2) KLT 976, and in view of the settlement arrived at between the parties as per Anx. A -IV affidavit.

(3.) THE learned counsel for the petitioners reiterated the submissions and contentions in the Crl. M.C. The learned counsel appearing for the 2nd respondent submitted that the matter has been settled and that the 2nd respondent has no further grievances against the petitioners and that the prayer for quashment of the impugned criminal proceedings may be considered in the light of the acquittal of the co -accused and the settlement arrived at between the parties as borne out by Anx. A -IV affidavit. The learned Public Prosecutor submitted that the prayer for quashment of the impugned criminal proceedings may be considered in the light of the legal principles laid down by the Apex Court and by this Court on the subject.