IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1663 of 2008() ------------------------- CRIME NO.70/2008 OF MUSEUM POLICE STATION, PETITIONER: --------------------- 1. RATHEESH, S/O.RAVEENDRAN, AGED 23 YEARS, T.C. 12/308, NABHADUVILA PUTHEN VEEDU, ULLOOR VILLAGE, TRIVANDRUM. 2. VIPIN S/O.VIJAYAN, AGED 23 YEARS, T.C.NO.12/921, BARTON HILL, VANCHIYOOR P.O., TRIVANDRUM. 3. JIJO S/O.BABU AGED 25 YEARS, T.C. 12/832, BARTON HILL, VANCHIYOOR P.O., TRIVANDRUM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SHAJI S/O.RAVI, T.C.NO12/1028, BARTON HILL, KUNNUKUZHY, TRIVANDRUM. 3. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1663 of 2008 = = = = = = = = = = = = = = = = = Dated this the 11 th day of April, 2008 ORDER Petitioners, who are accused Nos.1 to 3 in crime No.70/2008 of Museum Police Station for offences punishable under Sections 308,323 and 324 read with 34 IPC, seek to quash Annexure A FIR and in the alternative a direction to the 3rd respondent S.H.O to record the statement of the de facto complainant (2nd respondent herein) and file a negative final report in the case, on the ground that the matter has been settled between the parties. I heard the learned counsel for the 2nd respondent/ de facto complainant. 2. In the light of the decision reported in Yesudas v. S.I.of Police (2008(1)KLT 245), I am inclined to give the above directions. Accordingly, the 3rd respondent, Sub Inspector of Police, Museum Police Station is directed to record the statement of the 2nd respondent and file an appropriate final report before the court in the light of the statement to be given by the 2nd respondent. The learned counsel for the 2nd Crl.M.C.No. 1663 of 2008 2 respondent also submitted that the matter has been settled between them. Accordingly, the 2nd respondent as well as the petitioners shall appear before the Sub Inspector of Police, Museum Police Sation on 30.4.08, for the purpose of recording the statement, until then the petitioner shall not be arrested by the Sub Inspector of Police, in connection with the above crime. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge