O R D E R

Dated this the 4th day of August 2021 The petitioner is the 1st accused in Crime No.616/2017 of Vadakkekkad Police Station for having allegedly committed the offences punishable under Sections 143, 147, 148, 341, 323, 326 and 308 read with Section 149 of the I.P.C.

2. The petitioner and the co-accused were tried by the Additional Assistant Sessions Court, Thrissur in S.C.No.389/2009 and all the accused, except the petitioner, were found not guilty and acquitted. The petitioner was found guilty and confined to undergo rigorous imprisonment for two years under Section 308 I.P.C. and rigorous imprisonment for four years and a fine of Rs.10,000/- under Section 326 of the I.P.C.

3. The petitioner states that the only injured, who is the 2nd respondent herein, has settled the matter with him, and therefore, the proceedings against him may be ordered to be quashed under Section 428 of the Cr.P.C.

4. The 2nd respondent has appeared through a Counsel and filed an affidavit at Annexure A3 stating that he has no grievance against the petitioner and that the proceedings against him may be quashed. The learned Public Prosecutor has also received information regarding the genuineness of the settlement.

5. The injury sustained is a fracture to the left index finger. The petitioner has no other criminal antecedents. There is no doubt that this Court has wide powers under Section 428 of the Cr.P.C. to quash the proceedings even at the stage when the appeal is pending after conviction. Therefore, I find that in view of the settlement that has been arrived at between the petitioner and the de facto complainant/2nd respondent, this Crl.M.C. is only to be allowed; since there is no public interest involved.

Resultantly, the Crl.M.C. is allowed and the entire proceedings as against the petitioner in Crime No.616/2007 of Vadakkekkad Police Station, now pending as S.C.No.389/2009 on the files of the Additional Assistant Sessions Court-II, Thrissur, shall stand quashed under Section 482 of Cr.P.C. and the petitioner is discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE dkr The case number and the name of the court, “S.C.No.389/2009 on the files of the Additional Assistant Sessions Court-II, Thrissur” occurring in the 4th and 5th lines of the last paragraph of the final order dated 4/8/2021 in Crl.M.C.No.3061/2021 is corrected and substituted as “Crl.A.No.642/2011 on the files of the IV Additional District and Sessions Court, Thrissur”, as per Order dated 11/08/2021 in Crl.M.A.3/2021 in Crl.M.C.No.3061/2021.