IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Crl.MC.No. 3789 of 2011() ------------------------- CC.44/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... PETITIONER(S)/ACCUSED :- ---------------------------------------- HAJARA, W/O.ABDUL SALAM, BEKKAL HOUSE, AKAMPADAM AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SHAMSUDIN RESPONDENT(S)/DEFACTO COMPLAINANT AND STATE :- ----------------------------------------------------------------------------------- 1. NAJMA, AGED 23 YEARS, D/O.AALI, KANAYI HOUSE, KAMBALAKKALLU - 679333, VAZHIKKADAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.SHAJU PURUSHOTHAMAN FOR R1 PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.MC.No. 3789 of 2011 APPENDIX PETITIONER(S) EXHIBITS :- ANNEXURE-A1 TRUE COPY OF THE FIR AND FINAL REPORT DATED 30-12-09 IN CR.NO.695/2009 OF NILAMBUR POLICE STATION. ANNEXURE-A2 TRUE COPIES OF THE PETITIONS FILED BEFORE THE JFCM COURT, NILAMBUR. ANNEXURE-A3 TRUE COPY OF THE ORDER DATD 18-07-2011 IN CC 44/2011 OF THE JFCM COURT, NILAMBUR. ANNEXURE-A4 ORIGINAL AFFIDAVIT SIGNED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS :- NIL //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3789 of 2011 ----------------------------------- Dated this the 19th day of November 2011 O R D E R Petitioner is the sole accused in C.C.No.44/2010 on the file of J.F.C.M., Nilambur. The offence alleged against her is under Sec.379 IPC. It is alleged that a baby of R2 aged 5 months was wearing a gold chain of half a sovereign. The accused was stated to have taken that baby for some time. Thereafter the gold chain was seen missing. After conducting investigation, the case was filed against the petitioner alleging offence punishable under Sec.379 IPC. 2. The de facto complainant who is the first respondent is represented in this Court by her counsel. Affidavit of the de facto complainat has been filed stating that the matter has been settled and that she has no grievance in the matter. There is no report to show that the accused is involved in similar other offences. Respondent and the accused are persons of the same locality. Since the parties have settled the matter and since the dispute is Crl.M.C. No.3789 of 2011 -: 2 :- purely personal in nature, I find that further proceeding in C.C.No.44/2010 can be quashed. Hence, this Crl.M.C. is allowed. Further proceeding in C.C.No.44/2010 on the file of J.F.C.M., Nilambur is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt