IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 CRL.MC.NO. 4707 OF 2010() ---------------------------------------- CP.81/2010 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL PETITIONER(S): ----------------------- SHAJI S/O.VASUDEVAN, O.S.MANDIRAM,MULAYAM, ALIYODU P.O., KOLIYAKKODU VILLAGE, VENJARAMMOODU, THIRUVANANTHAPURAM BY ADV. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM 2. KRISHNA K.GOPAL, AGED 17 YEARS, REPRESENTED BY HER MOTHER SHEELA, THENGUVILA VEEDU, ASSANMUKKU, NEAR PALAYMKUNNU CASHEWNUT FACTORY, CHEMMARUTHI DESOM,CHEMMARUTHI VILLAGE, VARKALA. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR ADV. SMT.GAYATHRI R.KRISHNAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4707 of 2010 ==================================== Dated this the 07th day of February, 2011 O R D E R This petition is filed by respondent No.2 in CP No.81 of 2010 of the court of learned Judicial First Class Magistrate-II, Attingal for offences punishable under Sections 363, 366, 378 and 354 read with Section 34 of the Indian Penal Code. In respect of an alleged incident that occurred on 22.03.2010 at 8.30 p.m. and on the next day morning petitioner seeks to quash proceedings on the strength of a settlement reached with respondent No.2, the alleged victim who was aged 17 years at the relevant time. Though various contentions are urged in this petition including that petitioner has not committed offence under Sections 363, 366 and 37 of the IPC along with accused No.1, after arguing the matter for some time learned counsel sought permission to withdraw this petition case without prejudice to the right of petitioner to take appropriate defence in the trial court. Having regard to the submissions made by learned counsel this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court. THOMAS P. JOSEPH, JUDGE. vsv