IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2864 of 2009() ------------------------------------ CC.910/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, ERNAKULAM .................... PETITIONER/ACCUSED: --------------------------------- MATHEW, S/O.VARGHESE, NELLIMALAYIL HOUSE, KUNNUKADU, MADAKKATHARA VILLAGE, THRISSUR. BY ADV. MR.RENJITH B.MARAR MR.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SMT.P.A.PRIYA RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE ASST.SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.A. AZAD, S/O.AZEEZ, KAIPPILLY PARAMBU, MARUTHI SAWMILL LANE ROAD, ELAMKULAM VILLAGE, KALOOR, ERNAKULAM. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.SOORAJ T.ELENJICKAL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2864 of 2009 -------------------------- ORDER Petitioner is the accused and second respondent, the defacto complainant in C.C.No.910/2003 on the file of Judicial First Class Magistrate's Court-II, Ernakulam. Learned Magistrate took cognizance of the offences under Sections 457 and 511 of 380 of Indian Penal Code on Annexure-A2 final report. Annexure-A2 final report shows that with the intention to commit theft, petitioner trespassed into the office room of M/s.Grant Services and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire dispute with the second respondent were settled. 2. Second respondent appeared through a counsel and filed a joint statement submitting that the entire dispute between the petitioner and second respondent were amicably settled and in such circumstances, the case is to be quashed. CRMC 2864/09 2 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Joint statement filed by the petitioner and second respondent establishes that there was a complete settlement of the disputes between the parties. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.910/2003 on the file of Judicial First Class Magistrate's Court-II, Ernakulam is quashed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv