Abdul Nazar alias Unni vs State of Kerala and Ali Ahammed

Thomas P. Joseph, J.—Petitioner is first accused in Crime No. 93 of 2002 of Thrithala Police Station and L.P. No. 9 of 2005 of the court of learned Judicial First Class Magistrate, Pattambi for offences punishable under Sections 452, 506(ii), 294(b) and 427 read with Section 34 of the Indian Penal Code. Prosecution case is that on 18.05.2002 at about 10.00 p.m. Petitioner and second accused (he expired pending the case) trespassed into the house of the second Respondent and committed the offences. The Thrithala Police registered crime No. 93 of 2002 and submitted final report. Learned Magistrate took cognizance of the offences and filed C.C. No. 840 of 2002. Since Petitioner/first accused was in Gulf he could not appear in court and hence the case was included in the Long Pending Register. Pending this proceeding, Petitioner was arrested and the case was refiled as C.C. No. 307 of 2011. It is stated that Petitioner/first accused has settled the case with the second Respondent. Petitioner seeks to quash the proceeding on the strength of that settlement. I have heard learned Counsel for Petitioner, second Respondent and the learned Public Prosecutor.

Learned Counsel for Petitioner and second Respondent have confirmed the settlement. Learned Counsel for second Respondent has also confirmed authenticity and genuineness of Annexure-C, affidavit sworn by the second Respondent. In that affidavit it is stated that the dispute is settled between him and the Petitioner and that he has no further grievance against Petitioner. The second Respondent has no objection in quashing the case against Petitioner.

Since the dispute is purely personal to and between Petitioner and second Respondent and that the dispute is settled, I am inclined to allow the request.

Resultantly Criminal Miscellaneous Case is allowed. Final report in Crime No. 93 of 2002 of Thrithala Police Station to the extent it concerned Petitioner, cognizance taken thereon and proceeding against Petitioner in C.C. Nos. 840 of 2002 and 307 of 2011 of the court of learned Judicial First Class Magistrate, Pattambi are quashed.