IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 2396 of 2011() ------------------------------------ CRIME NO.71/2011 OF DEVIKULAM POLICE STATION. .................... PETITIONER/ACCUSED ---------------------------------- SANKARA MARIYAPPAN. S, 86 SIVANANDA SALAI CROSS ROAD, MADHURAI, TAMIL NADU. BY ADV. SRI.B.PREMOD RESPONDENTS/COMPLAINANTS ------------------------------------------------- 1. SUB INSPECTOR OF POLICE, DEVIKULAM POLICE STATION, IDUKI DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJI THOMAS, S/O.E.V. THOMAS, RESIDING AT ESTATE QUARTERS, K.D.H. VILLAGE, GUDARVILA ESTATE, ARUVIKAD DIVISION, PACHAKADU BHAGAM, PERMANENTLY RESIDING AT THYKKADAMPILLIL HOUSE, CANAL ROAD, PARAVOOR MUNICIPALITY, PARAVOORTHARA VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN- 683 513. R1 BY PUBLIC PROSECUTOR MR.JAIBY PAUL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2396 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-1: COPY OF THE FIR NO.71/2011 REGISTERED BY THE 1ST RESPONDENT. ANNEXURE-2: COPY OF THE AGREEMENT EXECUTED FOR THE PURPOSE BETWEEN THE PETITIONER AND DEFACTO COMPLAINANT. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2396 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner herein is implicated in Crime No.71/2011 registered by the first respondent/Sub Inspector of Police alleging offences punishable under Sections 279 and 338 of the Indian Penal Code. The case is now pending before the Judicial First Class Magistrate Court, Devikulam. Petitioner prays for a direction to quash annexure I First Information Report and the proceedings therein pending before the JFCM, Devikulam. 3. Having heard learned counsel for the parties and having perused the materials available on record, I am not inclined to quash the FIR at this stage. However, it is submitted by learned counsel for the petitioner that the matter has been settled between the parties out of court. If that be so, the parties shall appear before the concerned Magistrate within one month from today and the learned Magistrate shall record the statement of the petitioner and the defacto complainant and if he is satisfied that the matter has been settled between the parties, the Magistrate shall close the case. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes