IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.MC.No. 1738 of 2011() ----------------------------------- CC. NO.416/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA. CRIME NO.581/2006 OF ALAPPUZHA SOUTH POLICE STATION. .... PETITIONER(S): ACCUSED 1 & 2 ---------------------------------------------- 1. FEBIN YOUSUF,S/O.A.A.YOUSUF,AGED 25 YEARS, BAITH UL-NOOR,NEAR L.I.C.OFFICE,VELLAKINAR WARD, ALAPPUZHA. 2. SAMSON.K.J,S/O.K.V.JOSEPH,AGED 34 YEARS, JONE NIVAS,THUMPOLI.P.O,KOMMADI WARD, ALAPPUZHA. BY ADV. SRI.SYAM J SAM RESPONDENT(S): COMPLAINANT AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE,ALAPPUZHA SOUTH POLICE STATION,THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. SOBHA RAGHU,W/O.RAGHAVAN,AGED 45 YEARS, KUKKU HOUSE,EVAJILICKAL CHURCH ROAD,NEAR STADIUM, ALAPPUZHA. 3. STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R2 BY ADV. SRI.G.PRIYADARSAN THAMPI R1 & R3 BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRMC. NO.1738/2011. APPENDIX PETITIONER'S ANNEXURES A1:- CERTIFIED COPY OF THE FIR IN CC. 416/2008 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALAPPUZHA. A2:- AFFIDAVIT OF THE 2ND RESPONDENT. TRUE COPY P.A.TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1738 of 2011 -------------------------------------- Dated this the 24th day of June, 2011. ORDER Petitioners are accused 1 and 2 in Crime No.581 of 2006 of Alappuzha South Police Station and C.C.No.416 of 2008 of the court of learned Judicial First Class Magistrate-I, Alappuzha (now pending before learned Judicial First Class Magistrate, Ramankari as C.C.No.1355 of 2010) for offences punishable under Sections 294(b) and 509 read with Section 34 of the Indian Penal Code. Case is that petitioners sent obscene messages through mobile phone to the second respondent. It is submitted that parties have settled the dispute. I have heard learned counsel for petitioners, second respondent and learned Public Prosecutor. 2. Learned counsel for second respondent submitted that second respondent is a respectable lady and that she wants an amicable settlement in the matter outside court. Learned counsel has made a fervent plea to avoid the trauma of a trial. It is seen from the affidavit of the second respondent that parties have settled the dispute. In the light of submissions made by learned counsel for the second respondent I am inclined to interfere. Resultantly this Criminal Miscellaneous Case is allowed. Proceedings against petitioners in C.C.No.416 of 2008 of the court of learned Judicial First Crl.MC No.1738/2011 2 Class Magistrate-I, Alappuzha (now pending before learned Judicial First Class Magistrate, Ramankari as C.C.No.1355 of 2010) are quashed. THOMAS P.JOSEPH, Judge. cks