IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Crl.MC.No. 3737 of 2007() ------------------------- CRIME NO.490/2007 OF PERUMBAVOOR POLICE STATION PETITIONER: ACCUSED ------------------------------- 1. JEEVAN, S/O.REGHUMANI, AGED 30 YEARS, THONNAM HOUSE, THRICHATTUKULAM P.O., PANAVALLY, SHERTHALA, NOW RESIDING AT VISHNU BHAVAN, PERUMBAVOOR P.O. 2. VISHNU RAJ, S/O.RAGHAVAN, AGED 45 YEARS, THONNAM HOUSE, THRICHATTUKULAM P.O., PANAVALLY, SHERTHALA. BY ADV. SRI.ELDHO PAUL SMT.TESSY JOSE RESPONDENTS: DEFACTO COMPLAINANT ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR PO, ERNAKULAM DISTRICT. 3. PUSHPANGADAN, S/O.CHELLAPPAN, NIKARTHIL VEEDU, CHELAMATTAM, OKKAL PO. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3737 of 2008 = = = = = = = = = = = = = = Dated this the 10th day of January, 2008 ORDER In this petition filed under Section 482 Cr.P.C, the petitioners who are the accused in Crime No.490/2007 of Perumbavoor Police Station for offences punishable under Sections 406 & 420 read with Section 34 IPC, seek to quash the proceedings in the above crime on the allegation that even if the said allegations in the complaint are accepted to be true it involves only a civil dispute. 2. The learned Public Prosecutor on instructions submitted that the Police, after investigation, have filed a refer report before the Court on 5.11.07. If so, the petitioners cannot have any surviving grievance in the matter. In view of this development, notice to the 3rd respondent- de facto complainant who has not so far been served, is dispensed with. This Crl.M.C has thus virtually become infructous and is dismissed. V. RAMKUMAR, JUDGE sj