IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Crl.MC.No. 3011 of 2011() ------------------------------- CC.223/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER(S): ACCUSED NOS.1 TO 3 --------------------------------------------- 1. MICHAEL SCARIA,AGED 42, S/O.SCARIA SCARIA,PULIKKUNNEL HOUSE, EDAMATTOM KARA, POOVARANI VILLAGE. 2. MARTIN SCARIA,S/O.SCARIA SCARIA, PULIKKUNNEL HOUSE,EDAMATTOM KARA, POOVARANI VILLAGE. 3. BENNY,AGED 31,S/O.PAPPAN,THOMMAN MAKKAL HOUSE,VATTAKAVU,AZHAMMALA,EDAKKUNNAM VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S):DE FACTO COMPLAINANT AND STATE ---------------------------------------------------------------- 1. JOSE MANUEL,AGED 53,S/O.MANUEL, MELETTU THAKIDIPARAMBIL HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE 686 507. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031. R1 BY ADV. SRI.D.KISHORE R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3011/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF THE FINAL REPORT ALONG WITH THE TRANSLATION OF RELEVANT PAGES OF SUMMARY AND FIR IN CC 223/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KANJIRAPPALLY & TRANSLATION. ANNEXURE 2:AFFIDAVIT FILED BY THE DE FACTO COMPLAINANT STATING THAT HE HAS SETTLED THE CASE AND HE IS READY TO FILE THE COMPOUNDING PETITION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3011 of 2011 ----------------------------------- Dated this the 14th day of October 2011 O R D E R Petitioners are accused Nos.1 to 3 in Crime No.98/2010 of Kanjirappally Police Station. The charge sheet was laid against the accused alleging offence under Sec.420 r/w 34 IPC and it is now pending as C.C.No.223/2010 before J.F.C.M.-I, Kanjirappally. 2. The learned counsel for the petitioners submits that the only allegation is that there was an agreement between the petitioners and the first respondent and that the petitioners committed breach of terms of that agreement. It is also stated that subsequently the matter was settled and the civil suit was already withdrawn. The learned counsel for the de facto complainant would also submit that the matter has been settled. Affidavit of the de facto complainant is produced to that effect. In the light of Crl.M.C. No.3011 of 2011 -: 2 :- what has been stated above, further proceeding in C.C.No.223/2010 of J.F.C.M.-I, Kanjirappally is only to be quashed. This Crl.M.C. is allowed as above. N.K.BALAKRISHNAN, JUDGE. Jvt