IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Crl.MC.No. 55 of 2010() -------------------------------- SC.318/2008 & SC.332/2008 of ASSISTANT SESSIONS COURT, ALAPPUZHA .................... PETITIONERS/ACCUSED ----------------------------------- 1. KAMALASANAN, S/O. KAMALADHANAN, KAMALALAYAM, KANICHANALLUR MURI, CHEPPAD VILLAGE. 2. SREEMON, S/O. SREENIVASAN, CHELAPPALLIL HOUSE, KANICHANALLUR MURI, CHEPPAD VILLAGE. 3. SREENIVASAN, S/O. SREENIVASAN, CHELAPPALLIL HOUSE, KANICHANALLUR MURI, CHEPPAD VILLAGE. 4. SATHI, D/O. GOMATHY, KAMALALAYAM, KANICHANALLUR MURI, CHEPPAD VILLAGE. 5. REMA, D/O. GOMATHY, KAMALALAYAM, KANICHANALLUR MURI, CHEPPAD VILLAGE. BY ADV. MR.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JAYACHANDRAN, S/O. RAVINDRAN, MANEESH BHAVAN, KANICHANALLUR MURI, CHEPPAD VILLAGE. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.55 OF 2010 =========================== Dated this the 15th day of February,2010 ORDER This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings in S.C.318/2008 and 332/2008 on the file of Assistant Sessions Court, Alappuzha contending that the dispute arose on administration of a family trust and the parties have amicably settled the dispute and the de facto complainant, injured expressed their willingness to file an affidavit before this court to substantiate the case. 2. When the case came up for admission on 20.1.2010 learned Public Prosecutor pointed out that out of the three injured, only one injured was made a party and that injured did not agree for settlement. Petitioner did not take steps to implead the other injured or to establish Crl.M.C.55/2010 2 that there was a settlement. In such circumstances, petition is dismissed. Petitioners are at liberty to approach this court along with the injured de facto complainant, if there was a settlement of the disputes. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006