IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.MC.No. 1020 of 2011() ------------------------- (C.C. NO.19/2011 OF JUDICIAL FIRST CLASS MAGISTRATE, NORTH PARAVUR) (CRIME NO.671/10 OF VARAPUZHA POLICE STATIN, ERNAKULAM DISTRICT) PETITIONER/ACCUSED. ----------------------------------------------------- ASHIQ MOHAMMED, AGED 25 YEARS, S/O.SALIM MULLASSERIL HOUSE, KOTTAPPURAM KARA, KARIPOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SISTER JITHA, AGED 35 YEARS, D/O.THOMAS, PRINCIPAL, CHAVARA SPECIAL SCHOOL FOR THE MENTALLY RETARDED, KOONAMMAVU, ERNAKULAM. PIN-683 518. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.K.S.PRAVEEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2011, ALONG WITH CRL.MC.NO.1022/2011 & CRL.MC NO.1023/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.Nos.1020, 1022 and 1023 of 2011 --------------------------------------- Dated this 01st day of April, 2011 ORDER Petitioner in these cases is accused in C.C.Nos.19, 17 and 18 of 2011, respectively of the Court of learned Judicial First Class Magistrate, North Paravur and Crime Nos.671, 669 and 670 of 2010, respectively of Varapuzha Police Station for offences punishable under Sec.461 and 381 of the Indian Penal Code. Case is that petitioner while working as a temporary, yoga teacher in the Special School for the mentally challenged at Varapuzha, committed theft of articles belonging to the said school and cash belonging to a teacher by opening the room/bag where the said articles were kept. In C.C.No.19 of 2011 allegation is that petitioner, on 08.11.2010 committed theft of an organ valued at `.19,000/-. In C.C.No.17 of 2011 the allegation is theft of LCD projector worth `.46,000/- on 16.11.2010. In C.C.No.18 of 2011 allegation is theft of `.2100/- from the vanity bag of second respondent in Crl.M.C.No.1022 of 2011, a teacher in the said school. Second respondent in Crl.M.C.Nos.1020 and 1022 of 2011 is the Principal of the school. Petitioner requests to quash proceedings against him on the strength of settlement Crl.M.C.Nos.1020, 1022 and 1023 of 2011 -: 2 :- reached with the second respondent. I have heard learned counsel for petitioner, second respondent and learned Public Prosecutor. 2. Learned counsel for petitioner and the second respondent have confirmed the settlement. Learned counsel for second respondent has confirmed authenticity and genuineness of Annexure-II, affidavits sworn by the second respondent in all the cases. It is revealed from the affidavit of the second respondent that second respondent has settled the dispute with petitioner and that they have no further grievance in the matter. Learned counsel for petitioner submits that petitioner is no longer working in the school where the alleged incident occurred. 3. Since the dispute is personal to and between second respondent and petitioner and that dispute has been settled, I am inclined to think that further proceedings is not required. Resultantly these criminal miscellaneous cases are disposed of in the following lines: (i) Crl.M.C.No.1020 of 2011 is allowed. Final report in Crime No.671 of 2010 of Varapuzha Police Station, cognizance taken thereon and proceeding against petitioner in Crl.M.C.Nos.1020, 1022 and 1023 of 2011 -: 3 :- C.C.No.19 of 2011 of learned Judicial First Class Magistrate, North Paravur are quashed. (ii) Crl.M.C.No.1022 of 2011 is allowed. Final report in Crime No.669 of 2010 of Varapuzha Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.17 of 2011 of learned Judicial First Class Magistrate, North Paravur are quashed. (iii) Crl.M.C.No.1023 of 2011 is allowed. Final report in Crime No.670 of 2010 of Varapuzha Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.18 of 2011 of learned Judicial First Class Magistrate, North Paravur are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge