IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3492 of 2008() ------------------------- CP.126/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER(S): ACCUSED NO.2 --------------- SHAHUL HAMEED, S/O.MUHAMED KUNJU LAILA MANZIL PUTHUVILA MEKKATHIL VEETTIL CHAVARA VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3492 of 2008 ------------------------------------- Dated this the 3rd day of October, 2008 ORDER An application of the co-accused seeking identical relief has been dismissed as per an order passed earlier today in Crl.M.C.No.3698 of 2008. For the same reason, I am satisfied that this petition also deserves to be dismissed. It is unnecessary to advert to facts in any greater detail in this order. This order must be read in continuation of the order in Crl.M.C.No.3698 of 2008. 2. The learned counsel for the petitioner submits that the defacto complainant has settled the dispute with all the accused persons and that the accused persons including the petitioner want to move this Court to invoke the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] and quash the final report and consequent proceedings initiated against them. I make it clear that the order passed in this Crl.M.C or in Crl.M.C.No.3698 of 2008 shall not fetter the rights of the petitioner to move for quashing of proceedings with the aid of the dictum in Madan Mohan Abbot v. State of Punjab (supra). 3. This Crl.M.C is dismissed with the above observations. 2 (R.BASANT, JUDGE) rtr/-