IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Crl.Rev.Pet.No. 107 of 2006() ----------------------------- CRRP.30/2004 of I ADDL.SESSIONS COURT, ERNAKULAM CRMP.9879/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... REVN. PETITIONER/RESPONDENTS: ACCUSED 1 to 5 ------------------------- 1. FR.ELIAS, S/O.FR.JOHN, MANNATHIKULATHIL, ONAKKOOR. 2. JOY THOMAS, S/O.FR.THOMAS, VENAPURATHU, MANNATHUR. 3. M.C.CHACKO, S/O.CHACKO, MEEMKUZHIYIL, MANNATHUR. 4. K.M.JACOB, S/O.MATHEW, KARIMBINTHOTTATHIL, MANNATHUR. 5. BIJU THOMAS, S/O.THOMAS, KARIMBINTHOTTATHIL, MANNATHUR. BY ADV. SRI.S.SREEKUMAR SRI.MANU ROY RESPONDENTS/PETITIONER-6TH RESPONDENT/COMPLAINANT AND STATE ------------------------------------ 1. BABY, S/O.OUSEPH, KOMBUPARAMBIL VEEDU, MANNATHUR KARA, THIRUMARADY VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.SABU GEORGE PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.R.P.No.107 of 2006 ---------------------------------------- Dated this the 17th day of January 2008 O R D E R This revision petition is filed by the petitioners who have been arrayed as accused in a private complaint filed by the respondent/complainant. The learned Magistrate dismissed the complaint under Section 203 Cr.P.C. In a revision filed before the learned Sessions Judge, the learned Sessions Judge allowed the revision and set aside the order of dismissal passed under Section 203 Cr.P.C. This revision was admitted and the matter stands stayed. At this stage, the parties had settled the disputes. The respondent/complainant as well as the petitioners have amicably and harmoniously settled their disputes. No dispute survives now. In these circumstances, the respondent/complainant does not want to further prosecute his complaint. 2. The revision petitioners pray and the respondent endorses the prayer that this revision petition may now be allowed and the impugned order passed in the revision petition by the learned Sessions Judge may be set aside upholding the dismissal under Section 203 Cr.P.C of the complaint filed by the respondent. Crl.R.P.No.107/06 2 3. It is unnecessary to go in detail into technicalities. The complainant does not want to prosecute the complaint. I am satisfied that the prayer jointly made by the rival contestants can be accepted. 4. This revision petition is accordingly allowed. The impugned order is set aside. Dismissal under Section 203 Cr.P.C shall now remain. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.107/06 3 Crl.R.P.No.107/06 4 R.BASANT, J Crl.M.A.Nos.21 & 65 of 2008 in Crl.R.P.No.765 of 2007 ORDER 17th DAY OF JANUARY 2008