IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Crl.MC.No. 1374 of 2010() -------------------------------------- (CRIME NO.204/2010 OF POOCHAKKAL POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- SHAJI, AGED 36 YEARS, S/O.RAJAPPAN NAIR, WARD NO.1, PANAVALLY PANCHAYATH, THRICHATTUKULAM PO, CHERTHALA TALUK. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S):STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PROSECUTOR, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, POOOCHAKKAL POLICE STATION. 2. SUNIL KUMAR, AGED 38 YEARS, S/O.CHANDRASEKHAKARAN NAIR, PADMALAYAM VEETTIL, WARD NO.4 PANAVALLY PANCHAYATH, THRICHATTUKULAM PO, CHERTHALA. R1 BY PUBLIC PROSECUTOR MR.PUZHAKKARA MOHAMMED R2 BY ADV. SRI.NAVEEN THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.L. JOSEPH FRANCIS, J. = = = = = = = = = = = = = = = Crl.M.C. No.1374 of 2010 = = = = = = = = = = = = = = = Dated this the 23rd day of April, 2010. O R D E R The petitioner is the accused in Crime No.204/09 of the Poochakkal Police Station. The above crime was registered by the Poochakkal Police Station on the basis of statement given by the 2nd respondent for offences u/Ss.447 and 324 of the IPC against the petitioner on 9.4.2010. The 2nd respondent is the defacto complainant in the above crime. The petitioner and 2nd respondent are cousins. After the registration of the crime, the entire dispute between the rival parties has been settled. The parties have decided no further disputes of any nature would be raised by either of them in respect of the case. The 2nd respondent has no grievance against the Petitioner and do not intend to proceed with the crime case. No useful purpose will be served in allowing the proceedings in the crime to continue in the light of the compromise. So there is absolutely no meaning in proceeding with Crime No.204/09 of the Poochakkal Police Crl.M.C. No.1374 of 2010 -2- Station so as to disrupt the harmony between the 2nd respondent and the petitioner. 2. The 2nd respondent defacto complainant filed an affidavit stating that the entire matter has been settled and that he has no objection in quashing the proceedings. 3. Since the defacto complainant does not want to prosecute the accused as the matter is settled, the continuance of proceedings is an abuse of process of law and the proceedings should be quashed in order to secure ends of justice. 4. Accordingly this petition is allowed and the F.I.R. and F.I.Statement in Crime No.204/10 of Poochakkal Police Station are quashed. Crl.M.C. is allowed to that extent. Sd/- M.L. JOSEPH FRANCIS, JUDGE. ul/- [true copy] P.A. to Judge.