IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Crl.MC.No. 409 of 2011() ------------------------ CC.57/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA CRIME NO.2/2003 OF PULIKEEZHU POLICESTATION .................... PETITIONER(S): ACCUSED NO.1, 2 & 3 ---------------------------------- 1. ROSHI, S/O.PATHROS, PUTHENPURAYIL HOUSE, THIKKAPPUZHA, PARUMALA. 2. PREMA CHANDRAN, S/O.JAYACHANDRAN, PREM NIVAS, THIKKAPPUZHA, PARUMALA. 3. MARTIN, S/O.JOHN, KOTTAKKAMALI COLONY, PARUMALA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. OMANA, W/O.APPUKKUTTAN, MANOJ BHAVAN, PARUMALA. ADV. SRI.UNNI. K.K. (EZHUMATTOOR) FOR R2 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.409 of 2011 -------------------------------------- Dated this the 9th day of February, 2011. ORDER Petitioners are accused in Crime No.2 of 2003 of Pulikeezhu Police Station and C.C.No.57 of 2010 of the court of learned Judicial First Class Magistrate, Thiruvalla for offences punishable under Section 447, 427 and 506 (ii) read with Section 34 of the Indian Penal Code. Case is that petitioners trespassed into the courtyard of respondent No.2, the defacto complainant, committed mischief and criminally intimidated her with death. The Police after investigation submitted final report, Annexure-A. It is submitted that petitioners and respondent No.2 have settled the case. Hence it is prayed that proceeding against petitioners may be quashed. 2. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. It is seen from Annexure-B, affidavit sworn by respondent No.2 that the dispute is settled with petitioners. Learned counsel for respondent No.2 has confirmed the settlement. Since parties have settled the dispute and there is no possibility of a successful culmination of the prosecution I am inclined to allow this petition. Crl.MC No.409/2011 2 Resultantly this petition is allowed. Annexure-A, final report in Crime No.2 of 2003 of Pulikeezhu Police Station, cognizance taken thereon and proceeding in C.C.No.57 of 2010 of the court of learned Judicial First Class Magistrate, Thiruvalla against petitioners are quashed. THOMAS P.JOSEPH, Judge. cks