IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 3962 of 2011(A) ------------------------------------ CC.381/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER / ACCUSED: - --------------------------------------- SADHEEQ S/O. P.A.AJEENA, KANDAMANGALATH HOUSE, NALAMILE, PANAYIKULAM POST, ERNAKULAM - 683 511. BY ADVS. SRI.DENIZEN KOMATH SRI. SHERRY J. THOMAS RESPONDENTS / COMPLAINANT & DE-FACTO COMPLAINANT : - ---------------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSEPCTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION (CRIME NO.1445/2008), ERNAKULAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANDREWS C.J., CHOOLAKKAL HOUSE, NEAR VYTTILA TEMPLE, VYTTILA P.O., ERNAKULAM. ADV. SMT.MAREENA JOSEPH FOR R2 PUBLIC PROSECUTOR SMT. JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3962 of 2011(A) APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : COPY OF THE CHARGE SHEET PREFERRED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II ERNAKULAM AS C.C. NO. 361/2009 u/s 381 OF THE INDIAN PENAL CODE. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3962 of 2011 ----------------------------------- Dated this the 22nd day of December 2011 O R D E R Petitioner is the accused in C.C.No.361/2009 of J.F.C.M.-II, Ernakulam which arose out of Crime No.1445/2008. The offence alleged against him is under Sec.381 IPC. Petitioner was an employee of the complainant. There was dispute between the employer and employee. The allegation is that accused being an employee took away certain articles worth Rs.28,000/- from complainant's shop. The complainant who is the 2nd respondent herein is represented in this Court by his counsel. He has filed affidavit stating that the entire matter has been settled out of court and he has no further grievance in the matter. In view of the factors mentioned above, this Crl.M.C. is allowed. Proceeding against this petitioner in C.C.No.361/2009 of J.F.C.M.-II, Ernakulam (Crime No.1445/2008) is quashed. N.K.BALAKRISHNAN, J UDGE. Jvt