IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 Crl.MC.No. 5057 of 2010() ------------------------------------- CRIME NO.2569/2008 OF PERUMBAVOOR POLICE STATION. .................... PETITIONERS/ACCUSED 1: ---------------------------------------- NAHAS T.M., S/O.MUHAMMED, AGED 25 YEARS, THACHAVALLATH HOUSE, MARAMPILLY P.O., MARAMPILLY KARA AND VILLAGE. BY ADV. SRI.BASIL MATHEW RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUHAMMED JASSIM SALIM, S/O.ALI SALIM, AGED 22 YEARS, ANYUDI HOUSE, NEAR CASINO THEATER, ALUVA KARA AND VILLAGE. R1 BY PUBLIC PROSECUTOR MR.K.J. MOHEMMED ANZAR. R2 BY ADV. SRI.K.B.SAJAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 5057 of 2010 ==================================== Dated this the 22nd day of February, 2011 O R D E R Accused No.1 in crime No.2569 of 2008 of Perumbavoor police station and C.C. No.1103 of 2009 of the court of learned Judicial First Class Magistrate, Perumbavoor is the petitioner before me seeking to quash proceeding against him on the strength of a settlement reached with respondent No.2, the de facto complainant. Petitioner, along with two others is charged for offence punishable under Section 394 read with Section 34 of the Indian Penal Code. Allegation is that on 10.12.2008 at about 12.30 p.m. petitioner and others robbed the de facto complainant of his watch and platinum chain worth Rs.15,000/-. Annexure-A1 is the final report. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. Learned counsel for respondent No.2 confirmed settlement and genuineness of affidavit filed by respondent No.2. Learned Public Prosecutor submitted that the matter is settled between the parties. 2. It is seen that petitioner and respondent No.2 were college mates and the incident occurred while they were studying CRL.M.C. No.5057 of 2011 -: 2 :- in the same college. Matter has been settled between the parties. Hence I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A1, final report in Crime No.2569 of 2008 of Perumbavoor Police Station, cognizance taken thereon and all proceeding in C.C. No.1103 of 2009 of the court of learned Judicial First Class Magistrate, Perumbavoor against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv