IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 Crl.MC.No. 1309 of 2011() ------------------------- (CR.143/11 OF NILAMBUR POLICE STATION, MALAPPURAM DISTRICT PETITIONER(S): ACCUSED ----------------------------- 1. HYDER @ CHERIYAPPU, S/O.MOHAMMED, KOLAPPATTA HOUSE, VARIKKAL, NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. ABDUL SALAM, S/O.HASSAN MOYIN, THEKKUMPURATH HOUSE, VARIKKAL, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): DEFACTO COMPLAINANT/STATE ---------------------------------------- 1. SHY MOL, AGED 21 YEARS, D/O.SANKARAN, MUNDAKKADAVU COLONY, KARULAI VILLAGE, NILAMBUR TALUK-679344. 2. BINDU, AGED 22 YEARS, D/O.BOMMAN, MUNDAKKADAVU COLONY, KARULAI VILLAGE, NILAMBUR TALUK-679344. 3. THE DEPUTY SUPERINTENDENT OF POLICE, DCRB, MALAPPURAM-676505. 4. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, NILAMBUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ---------------------------------------------- Crl.M.C.No. 1309 of 2011 ---------------------------------------------- Dated this the 29th day of April, 2011 O R D E R Petitioners are accused 1 and 2 in Crime No.143 of 2011 of Nilambur Police Station for offences punishable under Section 3(1)(xii) of the Scheduled Caste/Scheduled Tribes (Prevention of Attrocities) Act, 1989 and Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Petitioners request this Court to quash proceedings against them on the strength of an alleged settlement. 2. After arguing the matter for some time, learned counsel for the petitioners has sought permission to withdraw the Criminal Miscellaneous Case without prejudice to petitioners' right to take appropriate defence in the trial court. 3. I have heard learned Public Prosecutor as well. Having regard to the request made by learned counsel for petitioners, I am inclined to allow the request. Accordingly, this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of the petitioners to take appropriate defence in the trial court. THOMAS P. JOSEPH, JUDGE vgs