IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Crl.MC.No. 3851 of 2011() ------------------------- CRIME NO.798/09 OF KASARAGOD POLICE STATION PETITIONER: ACCUSED ---------------------- T.Z.FAIZAL,AGED 39 YEARS, S/O.T.A.ZAINUDDIN,ROYAR GARDEN,CONVENT CROSS ROAD,KASABA VILLAGE,KASARAGOD. BY ADVS. SRI.ASWIN GOPAKUMAR SRI.PRAVEEN.H. SRI.ANWIN GOPAKUMAR SMT.KALA G.NAMBIAR RESPONDENT(S): STATE AND DE-FACTO COMPLAINANT --------------------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM-31. 2. JEBY ABRAHAM,AGED 32 YEARS, S/O.K.A.ABRAHAM,KUNNU KANDATHIL HOUSE,KUTTOOR, THIRUVALLA VILLAGE,PATHANAMTHITTA. PP. SRI. RAJESH VIJAYAN FOR R1 ADV. SRI.MANU GOVIND FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3851 of 2011 APPENDIX PETITIONER(S) ANNEXURES: ANNEXURE-I: CERTIFIED COPY OF THE COMPLAINT FILED BY RESPONDENT NO.2 IN THE CHIEF JUDICIAL MAGISTRATE'S COURT, KASARAGOD. ANNEXURE-II: CERTIFIED COPY OF THE FIR IN CRIME NO.798/2009 DATED 5.11.2009 OF KASARAGOD POLICE STATION. ANNEXURE-III: TRUE COPY OF THE AGREEMENT DATED 12.11.2010 ENTERED INTO BY THE 2ND RESPONDENT AND THE PETITIONER. ANNEXURE-IV: TRUE COPY OF THE RECEIPT DATED 16.09.2011 EXECUTED BY THE 2ND RESPONDENT. ANNEXURE-V: AFFIDAVIT TO THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 3851 of 2011 ------------------------------------------ Dated this the 14th day of November, 2011 O R D E R Petitioner is the accused in Crime No.798/2009 of Kasaragod police station which was registered under Sections 406, 420, 341, 502 and 294(b) of Indian Penal Code. The complainant therein is the second respondent who is represented in this court by his counsel. After investigation, charge sheet was filed before the learned Magistrate. It is submitted by both sides that in fact an agreement was entered into between the petitioner and the second respondent with regard to the transaction and that the money due to the second respondent was in fact paid as evidenced by Annexure – 4 receipt. Affidvait of the complainant has been filed before court to show that the parties have settled the matter amicably and he does not intend to proceed further in the matter. Since the dispute is purely personal and as the parties have settled the Crl.M.C. 3851 of 2011 2 matter, this petition is allowed. Further proceedings in Crime No.798/2009 of Kasaragod police is quashed. N.K. BALAKRISHNAN, JUDGE. smvd