IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 Crl.MC.No. 1225 of 2011() ------------------------------ CC 99/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KANJIRAPPALLY, LP.12/2011 of U/S. 341, 323,294(b) 506(ii) R/WSEC. 34 OF IPC. .................... PETITIONER(S):ACCUSED NO. 1 AND 2. ---------------------------------------------- 1. JOSEPH @ JOMON, AGED 31, S/O. PUNNOSE, KIZHAKKTHALAKAL (H), POOTHAKKUZHI BHAGUM, KANJIRAPPALLY VILLAGE, KANJIRAPPALLY KARA. 2. KURIKOSE @ JOSHI, AGED 29, S/O. PUNNOSE, KIZHAKKATHALAKAL (H), POOTHAKKUZHI BHAGUM, KANJIRAPPALLY VILLAGE, KANJIRAPPALLY KARA. BY ADV. SRI.D.KISHORE RESPONDENT(S): DEFACTO COMPLAINANT& STATE ------------------------------------------------------------ 1. SAJI. K., KALLOLIPURAYIDOM, (VELAMTHUNDIYIL), ANAKKALLU COLONY, PATTIMATTOM, KOOVAPPALLY VILLAGE - 686 518. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 BY ADV. SRI.LIJI.J.VADAKEDOM R2 BY PUBLIC PROSECUTOR SRI.K.J.MUHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J ---------------------------- Crl.M.C. No. 1225 of 2011 --------------------------------- Dated this the 29th day of April, 2011 ORDER Petitioners are accused 1 and 2 in Crime No. 327 of 2004 of Kanjirappally Police Station and C.C.No.99 of 2009 of Judicial First Class Magistrate Court-I, Kanjirappally for offences punishable under Sections 341, 323, 294(b) and 506(ii) read with Section 34 of the Indian Penal Code. That case was registered on a complaint filed by the first respondent and forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The case was originally taken on file as C.C.No.703 of 2004. The third accused faced trial and was acquitted as per Annexure-2, judgment. Case against petitioners was re-filed as C.C.No.99 of 2009. Petitioners have settled the dispute with the first respondent who has sworn Annexure-4, affidavit which is attested by counsel for the first respondent in this proceeding. I have heard the learned counsel for petitioners, first respondent and learned Public Prosecutor. Crl.M.C. No. 1225 of 2011 2 2. Learned counsel on both sides confirmed the statement. Learned counsel for first respondent has also confirmed authenticity of Annexure-4, affidavit. It is seen from Annexure-4, affidavit that first respondent has settled the dispute with petitioners. Since, the dispute between petitioners and the first respondent is settled, I am inclined to interfere and terminate the proceeding. Resultantly, this Crl.M.C. is allowed. Final report in Crime No. 327 of 2004 of Kanjirappally Police Station, congnizance taken thereon and proceeding against petitioners/accused Nos.1 and 2 in C.C.No.99 of 2009 of the Judicial First Class Magistrate Court-I, Kanjirappally are quashed to extent it concerned petitioners/accused Nos.1 and 2. THOMAS P. JOSEPH, JUDGE. ln