IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Crl.MC.No. 3687 of 2011() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6331/2011 Dated 08/08/2011 CRIME NO.485/2011 OF KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT. .................... PETITIONER(S): ACCUSED NOS. 1 TO 3 -------------------------------------------------------- 1. VIGIL RAJ AA., S/O.RAJAN BABU, PONNIAM NIVAS, MOORIYAD POST, KOOTHUPARMBA, KANNUR DISTRICT. 2. V.V.JIJESH, S/O.PAVITHRAN, RAGI NILAYAM, MOORIYAD, KOOTHUPARAMBA, KANNUR DISTRICT. 3. RAJEEVAN C.M, S/O. ANANDAN, SANTHALAYAM, KUNNAPPADY BAZAR, POOKODE POST, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): DEFACTO COMPLAINANT & STATE ----------------------------------------------------------------------------- 1. JOHNSON, S/O.PAPPA, RESIDING AT LAYAM NO.13, CHENAGIRI, VENTURE ESTATE ARYANKAVU VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT 691 001. 2. STATE – REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3687/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE F.I.R. IN CRIME NO.485/2011 OF KUTHUPARMBA POLICE STATION REGISTERED AGAINST THE PETITIONER. AII:- COPY OF THE ORDER IN BA. NO.6331/2011 DTD. 8.8.2011. AIII:- COPY OF THE AFFIDAVIT SWORN BY THE IST RESPONDENT I.E., THE DEFACTO COMPLAINANT IN CRIME NO.485/2011 OF KUTHUPARAMBA POLICE STATION. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3687 of 2011 ----------------------------------- Dated this the 10th day of November 2011 O R D E R Petitioners are accused Nos.1 to 3 in Crime No.485/2011 of Kuthuparamba Police Station. The FIR was registered against them alleging offence punishable under Sec.392 r/w 34 IPC. The allegation was that the accused introducing them as policemen took away the driving licence, tax disc and permit for transport of sand from the possession of the complainant/driver of the lorry. He himself later stated that the complaint was given mistakenly or on a misconception of fact. The complainant is represented in this Court by his counsel. The parties have settled the matter. The learned Public Prosecutor submits, after getting instructions, that the accused are having no criminal antecedents and that the prosecution has no objection in the petitioners entering into a compromise and Crl.M.C. No.3687 of 2011 -: 2 :- the case being quashed. Affidavit of the complainant has been filed. Hence, in the light of the settlement arrived at and in the light of what has been stated above, this Crl.M.C. is allowed. Further proceeding in Crime No.485/2011 of Kuthuparamba Police Station is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt