IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE [ENTITY] FRIDAY, THE 26TH DAY OF DECEMBER 2014/5TH POUSHA, 1936 [CASE NUMBER] () AGAINST THE ORDER/JUDGMENT IN [CASE NUMBER] of JUDICIAL FIRST CLASS MAGISTRATE-II (FOREST OFFENCES),MANJERI IN [CASE NUMBER] : [ENTITY], AGED 29 YEARS, S/O. MOHAMMED, KONDOTHINGAL, KOKKANCHERI HOUSE, MUNDAMPARAMBU, KUZHIMANNA, MALAPPURAM DISTRICT. BY ADV. [ENTITY] RESPONDENT(S)/DE-FACTO COMPLAINANT AND STATE : 1. [ENTITY] M.P., AGED 40 YEARS, W/O. VEERANKUTTY, AVUNHIKKAD HOUSE, MUTHUVALLUR P.O., NAYARANGAI, MALAPPURAM DISTRICT-673 638. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R1 BY ADV. [ENTITY] R2 BY [ENTITY], PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-12- 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG [CASE NUMBER] () APPENDIX PETITIONER(S)' EXHIBITS: ANNEXURE A1 : CERTIFIED COPY OF THE FINAL REPORT IN [CASE NUMBER] OF KONDOTTY POLICE STATION. ANNEXURE A2 : COPY OF THE AFFIDAVIT DTD.12.12.2014 SWORN IN BY THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS - NIL TRUE COPY P.A TO JUDGE [ENTITY], J. [CASE NUMBER] Dated 26th December, 2014. O R D E R
The petitioner is the sole accused in [CASE NUMBER] of Kondotty Police Station. The said case is registered under [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT]. The petitioner seeks to quash the Final Report in the said crime in this proceedings under [SECTION] of the [ACT].
2. The case referred to above is one registered based on a statement given by the first respondent. It is stated in the Memorandum of Criminal Miscellaneous Case that the disputes between the petitioner and the first respondent have been amicably settled. An affidavit of the first respondent to that effect is also produced along with the Criminal Miscellaneous Case as Annexure-A2.
3. Heard the learned counsel for the petitioner, the learned counsel for the first respondent and the learned Public Prosecutor.
4. In the light of the settlement arrived at between the parties and having regard to the decisions of the Apex Court in [PRECEDENT] and [PRECEDENT], I am of the view that the prayer of the petitioner needs to be granted to secure the ends of justice. Accordingly, the Final Report in [CASE NUMBER] of Kondotty Police Station pending trial before the Court of the Judicial Magistrate of the Ist Class - II, Manjeri is quashed.
The Criminal Miscellaneous Case is disposed of as above.
[ENTITY], JUDGE.