IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 Crl.MC.No. 4854 of 2010() ------------------------- LPC.13/2008 of JUDL. FIRST CLASS MAGISTRATE COURT-I, KASARAGOD ................ PETITIONER / 3RD ACCUSED / ACCUSED: ----------------------------------------------------------- K.UDAYAN, AGED 29 YEARS, S/O.K.NARAYANAN, KRISHNA NAGAR HOUSE, UDAYAGIRI, MADHUR VILLAGE, KASARAGOD DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENTS / COMPLAINANT : ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.N.NEVUGOPALAN ALIAS VENU, AGED 36 YEARS, S/O.RAMAN, NELKALA HOUSE, KUDULUR VILLAGE, KASARAGOD. R1 BY PUBLIC PROSECUTOR SMT. PUSHPALATHA R2 BY ADV. SRI.NISHIL P.S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4854 of 2010 ==================================== Dated this the 12th day of January, 2011 O R D E R Petitioner is accused in Crime No.627 of 2003 of Kasargod police station now pending in L.P.C. No.13 of 2008 of the court of learned Judicial First Class Magistrate-I, Kasargod. Police submitted final report against petitioner and others for offences punishable under Sections 342, 236 and 327 read with Section 34 of the Indian Penal Code. Case is that petitioner along with accused Nos.2 and 4, his brothers and accused No.1 (who is no more), their grand father in furtherance of their common intention voluntarily caused grievous hurt and attempted to cause the death of respondent No.2-de facto complainant who is the brother-in- law of petitioner and accused Nos.2 and 4 on 24.08.2003 at 11.00 p.m. As aforesaid accused No.1 died even before trial of the case commenced. Accused Nos.2 and 4 faced trial and were acquitted. Since petitioner was abroad he could not take part in the trial. Hence the case against him was included in the L.P. Register. Now the dispute is settled between petitioner and respondent No.2-de facto complainant. The latter has filed an affidavit stating that the CRL.M.C. No.4854 of 2010 -: 2 :- matter is settled between the parties due to the intervention of mediators and he does not intend to proceed with the case further. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. 2. It is revealed from the affidavit of respondent No.2 that the matter is settled amicably between petitioner and respondent No.2. Having regard to the settlement reached between the parties and since the dispute is personal between petitioner and respondent No.2, I am inclined to allow this petition. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-I, final report in Crime No.627 of 2003 of Kasargod police station to the extent it concerned petitioner and all proceedings in L.P.C. No.13 of 2008 of the court learned Judicial First Class Magistrate-I, Kasargod concerning petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv