IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Crl.MC.No. 1057 of 2011() ------------------------------- CC.243/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR .................... PETITIONER/SOLE ACCUSED. ----------------------------------- SHAMEER, AGED 31 YEARS, S/O.ABDUL RAHIMAN, AMBALAPARAMBIL HOUSE, MANJALY, MANNAM P.O., N.PARAVUR, ERNAKULAM DISTRICT. BY ADVS. SRI.AMJAD ALI SRI.MANSOOR.B.H. RESPONDENT/DEFACTO COMPLAINANT & INJURED/STATE. --------------------------------------------------------------------- 1. MANOJ, AGED 35 YEARS, S/O.THANKAPPAN, CHANDAVEETIL HOUSE, MANJALY, KARUMALOOR, N.PARAVUR, ERNAKULAM DISTRICT-683513. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING STATION HOUSE OFFICER, N.PARAVUR POLICE STATION, ERNAKULAM DISTRICT. R1 BY ADV. SRI.B.H.ANSIL R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1057 of 2011 --------------------------------------- Dated this 06th day of April, 2011 ORDER Petitioner is accused in Crime No.71 of 2006 of North Paravur Police Station and C.C.No.243 of 2007 of the Court of learned Judicial First Class Magistrate, North Paravur for offences punishable under Secs. 341 and 506(ii) of the Indian Penal Code and Sec.27 of the Arms Act. Case is that on 31.06.2006 at about 8.30a.m petitioner wrongfully restrained the first respondent and threatened him with a sword. Learned counsel submitted that the matter is settled between parties. Affidavit of the first respondent is attested by the counsel appearing for first respondent. Learned counsel has confirmed authenticity of Annexure-II, affidavit. Learned counsel for petitioner submits that the sword allegedly used has been recovered by the police and that petitioner will not make any claim for that weapon. 2. Learned Public Prosecutor after getting instruction submits that parties have settled the dispute. Since the parties have settled the dispute and continuing the proceeding is of no use, I am inclined to allow the petition. Crl.M.C.No.1057 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Annexure-I, final report in Crime No.71 of 2006 of North Paravur Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.243 of 2007 of the Court of learned Judicial First Class Magistrate, North Paravur are quashed. Learned Magistrate is directed to dispose of the weapon (if recovered and produced before learned Magistrate) by breaking up the same and if necessary, selling in auction and crediting the sale proceeds, if any in the State treasury. (THOMAS P JOSEPH, JUDGE) Sbna/-