IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Crl.MC.No. 3316 of 2011() ------------------------- CC.259/2011 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM CRIME NO.2015/2009 OF ERNAKULAM TOWN NORTH POLICE STATIO .................... PETITIONER(S): ACCUSED ---------------------- NAZEER V.K,AGED 40 YEARS, S/O.V.K.ABDUL KAREEM, VADUKKAL PARMBIL HOUSE, KAKKANAD P.O, KOCHI. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. PRAVEEN KUMAR, S/O.BALAKRISHNAN NAIR, AGED 34 YEARS,TULASI BHAVAN,PAMPADUMPARA VILLAGE, MUNDIYERUMA KARA, KALLAR P.O, IDUKKI. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.DEEPU THANKAN PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3316 of 2011() APPENDIX PETITIONER(S) EXHIBITS ANNEXURE A. A CERTIFIED COPY OF THE FINAL REPORT IN CRIME 2015/2009 OF ERNAKULAM TOWN NORTH POLICE STATION NOW PENDING AS CC 259/2011 OF ACJM (EO) ERNAKULAM. ANNEXURE B. ORIGINAL AFFIDAVIT SWORN TO BY THE IST RESPONDENT DATED 24.9.2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE ab N.K.BALAKRISHNAN, J. ---------------------------------------- Crl.M.C.No.3316 of 2011 ------------------------------------------- Dated this the 29th day of September, 2011 O R D E R The petitioner is the sole accused in C.C.No.259/2011 on the file of the Additional Chief Judicial Magistrate (EO) Court, Ernakulam. The defacto complainant in the aforesaid case is the 1st respondent, who is represented by his counsel before this Court. The offences alleged against the accused are under Sections 406, 420, 465, 468 and 471 IPC. 2. The learned counsel for the petitioner and the 1st respondent would submit that the petitioner and the 1st respondent are the partners and that the dispute arose in connection with the partnership business and that they have settled the matter amicably. The affidavit of the 1st respondent has been filed. It is stated that he is not intending to prosecute the matter in view of the settlement arrived at. As the dispute is purely personal in nature, this Crl.M.C.No.3316 of 2011 : 2 : Crl.M.C is allowed. Further proceedings in C.C. No.259/2011 on the file of the Additional Chief Judicial Magistrate (EO) Court, Ernakulam is quashed. The Crl.M.C is disposed of as above. N.K.BALAKRISHNAN Judge. ab