IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Crl.MC.No. 708 of 2011() ------------------------------------ CC.NO. 508/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED --------------------------------------- 1. RAM MOHANAN, S/O.MOHANAN, EDAKKATTIL HOUSE, KOTTAPPURAM, THRISSUR. 2. KANNAN, S/O.KUMARAN, CHAKKALACKAL HOUSE, CHEROOR. 3. RATHEESH, S/O.RAVI, THEKKEKKATTIL HOUSE, AYYANTHOLE. 4. GOPIDAS, S/O.VELAYUDHAN, PLACKIL HOUSE, PAZHAYANNUR. 5. SANTHOSH, S/O.SUBRAN, KEEZHPULLY VEEDU, VELLIKULANGARA. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE BY ADV. SRI.P.M.RAFIQ SMT.P.MAYA SRI.V.C.SARATH RESPONDENT(S): DEFACTO - COMPLAINANT AND STATE ------------------------------------------------------------------------------------- 1. SUJEESH, S/O.SUDEVAN, KANICHEKARATH HOUSE, BASEN VALLEY, MUTHUKADU, CHINNA KANAL VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2011, ALONG WITH CRMC.NO.989 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.Nos.708 and 989 of 2011 --------------------------------------- Dated this 28th day of March, 2011 ORDER These criminal miscellaneous cases are filed to quash proceeding against petitioners/accused. Crl.M.C.No.708 of 2011 is in respect of C.C.No.508 of 2010 of the Court of learned Judicial First Class Magistrate-I, Thrissur for offences punishable under Secs.394 and 120(b) of the Indian Penal Code. Case is that on 09.02.2010 at about 6.15p.m petitioners and the 4th accused committed robbery by removing the gold chain weighing one sovereign, `.700/-, an ATM card and driving license of the de facto complainant/first respondent after causing hurt to him. Fourth accused in that case being a juvenile the final report is submitted before the Juvenile Court. Petitioners in Crl.M.C.No.708 of 2011 are accused 1 to 3, 5 and 6. Annexure-B is the affidavit sworn by first respondent and attested by the counsel appearing for the first respondent where it is stated that case is settled between petitioners and the first respondent. Learned counsel for petitioners and the first respondent has confirmed the settlement. Learned counsel for first respondent confirmed authenticity of Annexure-B, affidavit as well. Learned Crl.M.C.Nos.708 and 989 of 2011 -: 2 :- Public Prosecutor after getting instruction has submitted that parties have settled the case and that no other case is reported against petitioner. 2. Crl.M.C.No.989 of 2011 arises from C.C.No.733 of 2010 of the Court of learned Judicial First Class Magistrate-I, Thrissur. The Viyyoor police submitted final report in Crime No.166 of 2010 against petitioner who is the de facto complainant in C.C.No.508 of 2010 for offences punishable under Sec.354, 294(b) and 506(i) of the Penal Code. Case is that on 18.11.2009 at about 8p.m petitioner outraged modesty of the first respondent, who was working in his office, used obscene words and criminally intimidated her with death. Annexure-B is the affidavit of the first respondent/de facto complainant. Learned counsel for petitioner and first respondent have confirmed the settlement. Learned counsel for first respondent has also confirmed authenticity of Annexure-B, affidavit sworn by the first respondent. It is seen that parties have settled the dispute. The dispute is personal to and between petitioner and the first respondent. In the light of the settlement reached it is not necessary to continue the proceeding. Hence I am inclined to allow the petition. Crl.M.C.Nos.708 and 989 of 2011 -: 3 :- Resultantly these criminal miscellaneous cases are allowed as under: Crl.M.C.No.708 of 2011 Annexure-A, final report in Crime No.109 of 2010 of Viyyoor Police Station, cognizance taken thereon and proceeding against petitioners/accused 1 to 3, 5 and 6 in C.C.No.508 of 2010 of the Court of learned Judicial First Class Magistrate-I, Thrissur are quashed. Crl.M.C.No.989 of 2011 Annexure-A, final report in Crime No.166 of 2010 of Viyyoor Police Station, cognizance taken thereon and proceeding against petitioner/accused in C.C.No.733 of 2010 of the Court of learned Judicial First Class Magistrate-I, Thrissur are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge