IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Crl.MC.No. 336 of 2010() ------------------------ CC.291/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... (CRIME NO.149/09 OF POOJAPPURA POLICE STATION,THIRUVANANTHAPURAM) .... PETITIONER(S): SECOND ACCUSED: ------------------------------------------------------- RAHUL, AGED 23 YEARS, S/O.JAYAKUMAR, TC 7/1509, KRWA -85 KATTACHAL ROAD , VETTAMUKKU, THRUMALA PO., THIRUVANANTHAPURAM. BY ADV. MR.B.HARISH KUMAR RESPONDENT(S): DEFACTO COMPLAINANT: ------------------------------------------------------------------ 1. BALACHANDRAN, AGED 27 YEARS, S/O.CHANDRASEKHARAN NAIR, "PUNARTHAM BHAVAN" MARUTHAMMOODU, MALAYAM PO,THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R1 BY ADV. MR.Y.BOBBY JOSEPH R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.336 OF 2010 -------------------------------- Dated this the 1st day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have all further proceedings in C.C No.291/2009 before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram quashed. 2. Petitioner is the 2nd accused in Crime No.149/2009 of Poojappura Police Station, Thiruvananthapuram. He is alleged to have committed offences punishable under Sections 323, 325, 294(b) and 34 I.P.C. The allegation against the accused is that they beat the defacto complainant with their hands and voluntarily caused hurt to him. On the basis of the complaint, case was registered as Crime No.149/2009. After investigation, final report was filed. Court has taken cognizance of the offence. 3. It is unnecessary to go into further details of the case since it is found that the case can be disposed on a short ground. It is pointed out by the defacto complainant that he had filed an affidavit before this court stating that he has settled the dispute between him and the petitioner herein and he has no Crl.M.C No.336 OF 2010 Page numbers further grievance against the petitioner. 4. In the light of the decision Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 Sessions Court) and Manoj Sharma v State (2008(4) KLT 417) it is only proper that further proceedings in the case be quashed. In the result this petition is allowed and all further proceedings in C.C No.291/2009 pending before the Judicial First Class Magistrate Court, Thiruvananthapuram as far as the petitioner is concerned shall stand quashed. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv