IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Crl.MC.No. 3938 of 2009() ------------------------------------- (CRIME NO.484/08 OF ERUMAPETTY POLICE STATION) PETITIONER(S): ACCUSED 1 TO 3: --------------------------------------------------- 1. UMMER P.K., AGED 39 YEARS, S/O.KUNJAMU, PUZHANGARA ILLATH, VELLARAKKAD VILLAGE & DESOM, THALAPPILLY TALUK, THRISSUR. 2. IBRAHIM, AGED 28 YEARS, S/O.MUHAMMED, PUTHUVEETTIL HOUSE, VELLARAKKAD VILLAGE & DESOM, THALAPPILLY TALUK, THRISSUR. 3. NOUSHAD, AGED 33 YEARS, S/O.HAMSA, MALIYAKKAL HOUSE, VELLARAKKAD VILLAGE & DESOM, THALAPPILLY TALUK, THRISSUR. BY ADV. SMT.PREETHI K.PURUSHOTHAMAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, ERUMAPETTY POLICE STATION, (CRIME NO.484/08), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. IBRAHIM, S/O.MOHAMMED KUTTY HAJI, VALLIYAKATH HOUSE, PADINJATTUMURY DESOM, KADANGODE VILLAGE, THRISSUR. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR R2 BY ADV. MR.PAUL K.PETER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3938 OF 2009 =========================== Dated this the 6th day of January,2010 ORDER This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure A1 F.I.R in Crime 484/2008 of Erumapetty Police Station registered for the offences under sections 364, 323 and 324 read with section 34 of Indian Penal Code contending that the disputes with the second respondent de facto complainant were settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. Learned Public Prosecutor submitted that final report has already been submitted before the court on 30.11.2009. 2. Though the petitioners show that it was prepared on 30.10.2009, it was filed in court only on 4.12.2009, after filing of the final Crl.M.C.3938/2009 2 report on 30.11.2009. Hence petition is dismissed with liberty to the petitioners to challenge the final report. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006