IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 1525 of 2011 ---------------------------------- [CMP.NO.5097/2010 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI, CRIME NO.709/2010 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT] .................... PETITIONER/ACCUSED: ---------------------------------- M.N.MADHAVAN, AGED 56 YEARS, MANAKKADAN HOUSE, KOVILAKAMKUNDU SOUTH MANJERI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL. RESPONDENTS/STATE/DEFACTO-COMPLAINANT & INJURED WITNESS: -------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING SUB INSPECTOR OF POLICE, MANJERI MALAPPURAM DISTRICT). 2. VIJU K.C., AGED 26 YEARS, D/O.SATHYANATHAN, 'KARTHIKA', KOVILAKAMKUNDU SOUTH, MANJERI P.O., MALAPPURAM DISTRICT – 676 121. 3. P.DEVU, AGED 45 YEARS, W/O.SATHYANATHAN, 'KARTHIKA', KOVILAKAMKUNDU SOUTH, MANJERI P.O., MALAPPURAM DISTRICT – 676 121. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR, R2 & R3 BY ADV. SRI.M.REVIKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1525 of 2011 ==================================== Dated this the 27th day of May, 2011 O R D E R Petitioner is accused in Crime No.709 of 2010 of Manjeri police station for offences punishable under sections 294(b), 341, 447 and 506(ii) of the Indian Penal Code. Petitioner requests this Court to quash proceedings against him on the strength of a settlement reached with respondents 2 and 3, the de facto complainant and the victim. I have heard learned counsel for petitioner, respondents 2 and 3 and the learned Public Prosecutor. 2. Respondents 2 and 3 have filed Annexures-C and D, affidavits attested by a Notary Public. In the said affidavits it is stated that they have settled the matter with the petitioner. It is stated by learned counsel that parties are relatives and that they have settled the dispute. Since the parties are related, the offences alleged are minor in nature and the dispute which is personal to and between the parties have already been settled as revealed from Annexures C and D the authenticity of which is confirmed by learned counsel for respondents 2 and 3 I am inclined to think that there is no necessity to continue prosecution CRL.M.C. No.1525 of 2011 -: 2 :- of petitioner. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-B, FIR in Crime No.709 of 2010 of Manjeri Police Station and all proceeding taken pursuant thereto against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv