IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 2406 of 2011() ------------------------------------ CP.100/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, KOTTARAKKARA. CRIME NO.300/2008 OF POOYAPPALLY POLICE STATION. .................... PETITIONER/ACCUSED NO.1 ------------------------------------------ SHAPHI, S/O.BASHEER, VILAYIL VEEDU, MEEYANA MURI, VELINALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/STATE/COMPLAINANT ---------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT. 3. SAJU, S/O.SURENDRAN, AGED 25 YEARS, SAJU BHAVAN, KAITHAYIL, NETTAYAM MURI, ELAMADU VILLAGE, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.JAIBY PAUL. R3 BY ADV. SMT.BREJITHA UNNIKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2406 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1: COPY OF THE CHARGE SHEET IN CRIME NO.300/2008 OF POOYAPPALLY POLICE STATION. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2406 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 ORDER Heard learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Public Prosecutor. 2. Petitioner herein is arrayed as accused in Crime No.300/2008 registered by Pooyappally Police Station alleging offences punishable under Sections 341, 323, 324 and 308 read with Section 34 of Indian Penal Code and 27 of Arms Act. The case is now pending before the Judicial First Class Magistrate Court No.II, Kottarakara. Petitioner prays for a direction to quash the entire proceedings in the above Crime No.300/2008. 3. Having considered the entire materials available on record, I am not inclined to quash the proceedings at this stage. 4. Learned counsel for the petitioner submits that the matter has been settled out of court. If that be so, the defacto complainant shall appear before the Magistrate referred to above within one month from today and the learned Magistrate shall record the statement of the defacto complainant and if the learned Magistrate is satisfied that the matter has been settled between the parties, he shall close the case. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes