IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 335 of 2011() ------------------------ CC.2302/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER/2ND ACCUSED ----------------------------------------- JOSEPH, S/.RAJAN, MENACHERY HOUSE, VARANDARAPILLY DESOM, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. RESPONDENTS/STATE & VICTIM ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHAN, S/O.JOSEPH, MENACHERY HOUSE, 2-B, SKYLINE HOMESTEAD, CHAKKOLA COLONY ROAD, ERNAKULAM-682 011. *ADDL. R3 IMPLEADED ADDL. R3: ALICE, W/O.JOSEPH, MENACHERY HOUSE, 2-B SKYLINE HOMESTEAD, CHAKOLA COLONY ROAD, ERNAKULAM-15. * ADDL. R3 IS IMPLEADED AS PER ORDER DATED 07/02/2011 IN I.A.751/2011. R1 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. R2 & R3 BY ADV. SRI.P.K.SAJEEV. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.335 of 2011 --------------------------------------- Dated this 07th day of February, 2011 ORDER On a complaint preferred by the second respondent, the Varandarappalli police registered Crime No.158 of 2010 against petitioner and the first accused for offences punishable under Secs.447, 406 and 506(i) r/w Sec.34 of the Penal Code. Case is that petitioner and the first accused trespassed into the property of respondent Nos.2 and 3, husband and wife and took the yield from the said property for about 5 years causing loss of about `.40,000/- to respondent Nos.2 and 3. There is also an allegation that petitioner and the first accused criminally intimidated them. The police after investigation submitted Annexure-B, final report. In the meantime the first accused died. Petitioner seeks to quash proceedings against him on the strength of a compromise reached between petitioner and respondent Nos.2 and 3. Annexures-C and D are the affidavits of respondent Nos.2 and 3. In these affidavits it is stated that they have settled the dispute with petitioner and that they do not intend to continue the proceedings. Learned counsel for respondent Nos.2 and 3 also confirmed the settlement. It is also stated that they have no Crl.M.C.No.335 of 2011 -: 2 :- objection in quashing the proceedings against them. Having regard to the nature of the allegations made and the settlement reached, I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Annexure-B, final report in Crime No.158 of 2010 of Varandarapilly Police Station, cognizance taken thereon and proceeding in C.C.No.2302 of 2010 of the court of learned Judicial First Class Magistrate, Irinjalakkuda against petitioner/second accused will stand quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge