IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1176 of 2011() ------------------------- CC.510/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, KANNUR CRIME NO.578/2010 OF VALAPATTANAM POLICESTATION .................... PETITIONER(S): ACCUSED ---------------------- A.V.VENUGOPALAN, S/O.MADHAVAN NAMBIAR, AZHIKODAN VEEDU, AZHIKODE, KANNUR - 670009. BY ADV. SRI.A.A.ZIYAD RAHMAN RESPONDENT(S)/COMPLAINANT AND DEFACTO COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. THE SUB INSPECTOR, VALAPATTANAM POLICE STATION, KANNUR. 3. PRAJIN T.V., S/O.VIJAYAN, THEKKEVEETIL, PUTHIYAPARAMBA, CHIRAKKAL AMSOM, P.O.ALAVIL, KANNUR-678081. ADV. SHRI ARJUN S. RAJ FOR R3 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 & R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1176 of 2011 -------------------------------------- Dated this the 12th day of April, 2011. ORDER Petitioner is accused in Crime No.578 of 2010 of Valapattanam Police Station and C.C.No.510 of 2010 of the court of learned Judicial First Class Magistrate-II, Kannur for offences punishable under Sections 279 and 338 of the Indian Penal Code. It is alleged that the vehicle driven by petitioner allegedly in a rash and negligent manner in such a way as to endanger human life hit respondent No.3 and that resulted in grievous hurt to the latter. It is submitted that parties have settled the dispute. I have heard learned counsel for petitioner, respondent No.3 and the learned Public Prosecutor. 2. Learned counsel for petitioner and respondent No.3 confirmed the settlement between parties. Learned counsel for respondent No.3 has also confirmed authenticity of affidavit sworn by respondent No.3 and attested by a notary public. That affidavit states that the dispute is settled and that respondent No.3 has no objection in withdrawing the complaint or otherwise terminating the prosecution permanently. 3. Since respondent No.3, the injured has confirmed the settlement and has no objection in quashing proceeding against petitioner, I am inclined to allow the request. Crl.MC No.1176/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. The final report in Crime No.578 of 2010 of Valapattanam Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.510 of 2010 of the court of learned Judicial First Class Magistrate-II, Kannur are quashed. THOMAS P.JOSEPH, Judge. cks