IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Crl.MC.No. 4851 of 2010() ------------------------- CC.48/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): A1 & A3: ------------------------------------- 1. SANAL KUMAR @ SANJU, (A1) S/O.RAMACHANDRAN NAIR, RAMACHANDRA VILASOM, ARKYAL, KOCHU ULLOOR, ULLOOR VILLAGE. 2. SANTHOSH KUMAR, (A3) S/O.SREEKUMAR, T.C. 7/1790, ARKYAL MURUKA VILASOM, NEAR KOCHU ULLOOR, ULLOOR GRAMAM, ULLOOR VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE & CW1: -------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RATHEESH, S/O.RAVEENDRAN, KATTACHAL PUTHUVEL PUTHEN VEEDU, NEAR KUTTACHAL KARINKALI THEKETHU, KUTTACHAL WARD, ULIYAVUTHURA VILLAGE - 695 134. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ------------------------------- Crl.M.C.No.4851 of 2010 ------------------------------- Dated this the 1st day of February, 2011. O R D E R Petitioners are accused nos.1 and 3 in Crime No.473 of 2008 of Medical College Police Station for offences punishable under sections 295(b), 341, 323, 324, 506(2) r/w section 34 of Indian Penal Code and section 27 of the Arms Act. On the strength of the settlement said to be reached with respondent no.2, defacto complainant, petitioners have requested this Court to quash proceedings against them. Learned counsel for petitioners, when the matter came up for hearing requested permission to withdraw this petition without prejudice to the defences that are available to petitioners in the trial court. 2. I have heard learned counsel for petitioners and the learned Public Prosecutor. I find no reason to reject the request prayed. Resultantly, this petition is dismissed as withdrawn without prejudice to the defences that are available to the petitioners in the trial court. THOMAS P.JOSEPH, Judge ami/