IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 Crl.MC.No. 1390 of 2009() ------------------------- CC.1694/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER: 3RD ACCUSED -------------------------- RASHEED RAHIMAN, S/O. ABDUL RAHIMAN, AGED 26 YEARS, AFSAR MANZIL, MADAVANAPARAMBU, POTTAKUZHY ROAD, S.R.M. ROAD, PACHALAM, KOCHI-12. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN RESPONDENTS: STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SANOOP.M.C, AGED 26 YEARS, S/O.C.K. CHANDRAHASAN, MULLASSERY HOUSE, K.K.P. ROAD, KOCHI-18. R1 BY P.P.MR.V.T.K.MOHANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1390 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 24th April, 2009 ORDER The petitioner is the third accused (A3) in C.C.No.1694/03 on the file of the Judicial First Class Magistrate Court-II, Ernakulam. He faced charges for the offences under Sections 447, 294(b), 323 and 325 read with Section 34 I.P.C. on the basis of a report filed by the S.I. of Police, Ernakulam Town North Police Station. Admittedly, a warrant is pending against him. The warrant is issued on account of his non-appearance pursuant to the summons issued. He is now employed in gulf country and has not received summons of the case, is his version. He has filed this application under Section 482 of the Cr.P.C. to quash Annexure A1 charge sheet and further proceedings in C.C.No.1694/03 pending before the Magistrate Court. An affidavit signed by the second respondent, the defacto complainant on whose statement the crime was registered has also been filed along with the petition to submit that a composition of the offences had been arrived by the defacto complainant and the petitioner/third accused and no useful purpose will be served by continuance of the proceedings pending before the Magistrate Court. 2. I heard the learned counsel for the accused and also the Crl.M.C.1390/09 - 2 - learned Public Prosecutor. Since the parties have settled the disputes out of court and as no further grievance exists between the parties, there is no necessity to proceed with the proceedings pending before the Magistrate Court, is the submission of the learned counsel for the accused to persuade me to grant the reliefs claimed in the petition- quashing of Annexure A1 charge sheet and termination of the proceedings pending before the Magistrate Court. Perusing the copy of the Annexure A1 charge sheet, it is seen, apart from the defacto complainant, two more persons, C.Ws.3 and 4 also suffered injuries consequent to the assault on them conjointly by the three accused including the petitioner/third accused. So much so, prima facie composition, if any, arrived at between the defacto complainant and the petitioner, the genuineness of which can be considered only by the trial court and not by this court is not at all a sufficient ground enabling the petitioner to sustain the reliefs sought under the petition. However, taking note that the petitioner is stated to be employed in a gulf country and the submission of the counsel that the summons issued in the case was not received by him, there will be a direction to the learned Magistrate before whom C.C.No.1694/03 is pending, to hear and dispose the bail application, if any, moved by Crl.M.C.1390/09 - 3 - the present petitioner on his appearance before that court on the very same day, provided he appears and moves such an application within two weeks from the date of this order. The Crl.M.C. is disposed of as above. Communicate a copy of this order to the concerned Magistrate court. srd S.S. SATHEESACHANDRAN, JUDGE