IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 Crl.MC.No. 673 of 2011() ----------------------------- CC.203/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, PARAVUR CRIME NO. 784/2009 OF PARAVUR POLICE STATION, ERNAKULAM ................... PETITIONER(S): ACCUSED 1 TO 3 --------------------------------------- 1. SHAMEER, S/O. ASHRAFF, THUNDIPPARAMBU VEEDU, VEDIMARA BHAGAM, PARUTHARA KARA, PARAVUR VILLAGE. 2. HARISH, AGED 31 YEARS, S/O. CHINNUMON, THUNDIPPARAMBU VEEDU, PARUTHARA KARA, PARAVUR VILLAGE. 3. NIYAZ, S/O. ASHRAFF, THUNDIPPARAMBU VEEDU, PARUTHARA KARA, PARAVUR VILLAGE. BY ADVS. SRI.S.RAJEEV SRI.C.VINODKUMAR RESPONDENT(S): COMPLAINANT -------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. (CRIME NO.784/2009 OF PARAVUR POLICE STATION, ERNAKULAM). 2. NAZIR, S/O. KASIMBAVA, NEAR VEDIMARA SMASANAM, PARUTHARA KARA, PARAVUR P.O., PARAVUR VILLAGE, PIN-683 513. 3. NAJATH, W/O. NAZIR, KANJIRAPPARAMBIL VEETIL, VEDIMARA BHAGAM, PARUTHARA KARA, PARAVUR P.O., PARAVUR VILLAGE, PIN-683 513. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHEMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.673 of 2011 --------------------------------------- Dated this 14th day of March, 2011 ORDER Petitioners are accused Nos.1 to 3 in Crime No.784 of 2009 of North Paravur Police Station and C.C.No.203 of 2010 of the Court of learned Judicial First Class Magistrate, North Paravur facing trial for offence punishable under Sec.379 r/w Sec.34 of the Indian Penal Code. Prosecution case is that on the relevant day, time and place petitioners committed theft of two goats belonging to the third respondent. Case was registered on the complaint given by the second respondent, husband of the third respondent. After investigation police submitted final report. Petitioners request this Court to quash proceeding against them on the strength of a settlement reached with respondents 2 and 3. 2. I have heard learned counsel for petitioners, respondents 2 and 3 and learned Public Prosecutor. Learned counsel for respondents 2 and 3 confirmed the settlement and authenticity of Annexures-III and IV, affidavits sworn by respondents 2 and 3. It is submitted by counsel on both sides that petitioners are not involved in any other case and that themselves and respondent Nos.2 and 3 are neighbours. Learned Public Crl.M.C.No.673 of 2011 -: 2 :- Prosecutor after getting instruction has confirmed the settlement. It is also submitted that it is not reported that petitioners are involved in any other case. 3. In the light of the circumstances stated above and considering all relevant facts and circumstances including that parties are neighbours I am inclined to think that compromise reached between the parties be accepted and further proceedings terminated. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.784 of 2009 of North Paravur Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.203 of 2010 of the Court of learned Judicial First Class Magistrate, North Paravur are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-