IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 1236 of 2010() ------------------------- CRIME NO.255/2004 OF MARARIKULAM POLICE STATION PETITIONER: --------------- MURALIDHARAN,AGED 37 YEARS, S/O.RAMAKRISHNAN UNNI,MURALEEBHAVANAM, CHARAMANGALAM,MAITHRI MARKET.P.O,ALAPPUZHA DIST. BY ADV. SRI.C.KHALID RESPONDENTS: --------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR. HIGH COURT OF KERALA, ERNAKULAM 2. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION,GOVT.OF KERALA,KOCHI-17. 3. SUPERINTENDENT OF POLICE,ALLEPPEY. 4. SAJI KUMAR,S/O.KRISHNAN NAIR, THEKKE VILAYADATH VEEDU, MAYITHARA MARKET P O ALAPPUZHA DISTRICT, KANJIKUZHI PANCHAYATH WARD NO:13. 5. NARAYANAN KUTTY,S/I.OF POLICE, MARARIKULAM POLICE STATION. 6. PRASANNAN HC 2867 MARARIKULAM POLICE STATION,ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR: SRI S U NAZAR S C FOR CBI SRI. M V S NAMBOODIRI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1236 of 2010 -------------------------------------- Dated this the 10th day of June, 2010 ORDER Petitioner, who is the sole accused in Crime No.255 of 2004 of Mararikulam Police Station for an offence punishable under Section 308 I.P.C. and now pending before the Assistant Sessions Court, Alappuzha as S.C.31/2006 pursuant to a remand by the Sessions Court, seeks to quash the entire proceedings against him. According to the petitioner, the matter is likely to be settled between him and the petitioner. 2. The likelihood of a settlement of the parties cannot be a ground for quashing the case. It is true that the Sword of Damocles has been hanging over the head of the petitioner for a considerably long period. Now that going by the report of the Assistant Sessions Judge, the case is scheduled for trial, I am not inclined to disturb or dislocate the trial. If a question of identity doesn't arise for consideration, the petitioner may file an application for personal exemption during trial by incorporating appropriate averments. In case, such an application is filed, the Sessions Judge may exempt him from personal appearance during trial. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE skj