IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.MC.No. 2249 of 2010() ------------------------- CC.1317/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER/ACCUSED NO.2 ----------------------------------------- A.SUKUMARAN, PROFESSOR OF CO-OPERATIVE BANKING MANAGEMENT, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY. BY ADVS. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------- 1. JAYASANKAR, S/O.LATE N.GOVINDAMENON, AMBADI, THRIKKUMARAKUDAM ROAD, P.O.AYYANTHOLE, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR ADV. SRI. K.J. MOHAMMED ANZAR R1 BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 SRI.C.A.ANOOP FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.2249 of 2010 --------------------------------------- Dated this 21st day of March, 2011 ORDER This case is filed by the second accused in C.C.No.1317 of 2009 of the Court of learned Judicial First Class Magistrate-I, Thrissur for offences punishable under Secs.406 and 379 r/w Sec.34 of the Indian Penal Code. First accused was married to the first respondent. They had a joint account with the ICICI, HSBC Bank and the State Bank of India. Certain amounts were deposited in that joint account. Ornaments allegedly purchased by the first respondent was kept in the locker opened by the third respondent. While so, it is alleged, some illicit intimacy developed between petitioner and the third respondent and allegedly at the instance of petitioner, the third respondent withdrew certain amount from the joint account and collected gold ornaments from her locker. First respondent filed a complaint before the learned Judicial First Class Magistrate-I, Thrissur which was forwarded to the police under Sec.156(3) of the Code of Criminal Procedure (for short, "the Code”). The Thrissur Town East Police registered Crime No.390 of 2008 and after investigation, police referred the case as “mistake of fact”. Thereon the first respondent filed Crl.M.C.No.2249 of 2010 -: 2 :- Annexure-A, protest complaint on which learned Magistrate took cognizance for the offences above stated and issued process to the petitioner and third respondent. Petitioner challenge issue of process against him in this proceeding contending that there is no case made out against him. Parties have in the meantime settled the dispute and accordingly the first accused is impleaded as additional third respondent on Crl.M.A.No.1148 of 2011. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. Learned counsel for petitioner and first respondent have confirmed the settlement. Learned Public Prosecutor also after getting instruction has confirmed the settlement. 2. Annexure-B is the Karar executed between respondent 1 and 3 and others in which the terms and conditions of settlement are stated. First respondent has also sworn an affidavit stating that he has no objection in accepting the compromise/settlement and quashing proceeding against petitioner and the third respondent. 3. The dispute mainly is concerning the first respondent and third respondent. That dispute has been settled between them. Having regard to that settlement I am inclined to think that Crl.M.C.No.2249 of 2010 -: 3 :- the proceeding can be terminated. Resultantly this petition is allowed in the following lines: Annexure-A, protest complaint, cognizance taken thereon and proceeding against petitioner and third respondent (accused 2 and 1, respectively) in C.C.No.1317 of 2009 of the Court of learned Judicial First Class Magistrate-I, Thrissur will stand quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-