IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.MC.No. 1088 of 2011() ------------------------- CC.3715/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... (CRIME NO.452/2008 OF CHERANALLOOR POLICE STATION) ...... PETITIONER(S): ------------------------ JOSEPH MAXI @ KUNJUMON, AGED 42 YEARS, S/O.ANTONY, MUDAVASSERY HOUSE, NEAR SHAPPUPADY BUS STOP, CHERANALLUR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERANALLUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. RADHAMANY, AGED 57 YEARS, D/O.RAMADAS, THEKKEDATH HOUSE, NEAR SHAPPUPADY BUS STOP, CHERANALLUR VILLAGE, ERNAKULAM DISTRICT, PIN-682 027. 3. GOPINADHA MENON, AGED 78 YEARS, S/O.KRISHNA MENON, THEKKEDATH HOUSE, NEAR SHAPPUPADY BUS STOP, CHERANALLUR VILLAGE, ERNAKULAM DISTRICT-682 027. 4. RAJASREE, AGED 36 YEARS, W/O.BABU, THEKKEDATH HOUSE, NEAR SHAPPUPADY BUS STOP, CHERANALLUR VILLAGE, ERNAKULAM DISTRICT, PIN-682 027. 5. JOSEPH, AGED 55 YEARS, S/O.ALBERT, THOTTAKATH HOUSE, CHERANALLUR VILLAGE, ERNAKULAM DISTRICT,PIN-682 027. Kss ..2/- ..2.... CRMC.NO.1088/2011 6. REMA, AGED 47 YEARS, W/O.PRABHAKARAN NAIR, `REVATHY' NEAR SHAPPUPADY BUS STOP, CHERANALLUR VILLAGE, ERNAKULAM DISTRICT-682 027. 7. PRABHAKARAN NAIR, AGED 54 YEARS, S/O.KUNJIKKORAN NAIR, `REVATHY', NEAR SHAPPUPADY BUS STOP, CHERANALLUR VILLAGE, ERNAKULAM DISTRICT-682 027. R1 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1088 of 2011 -------------------------------------- Dated this the 4th day of April, 2011. ORDER Petitioner is accused in Crime No.452 of 2008 of Cheranalloor Police Station and C.C.No.3715 of 2008 of the court of learned Judicial First Class Magistrate-II, Ernakulam for offence punishable under Sections 294(b), 506(ii) and 509 of the Indian Penal Code. Petitioner requests to quash proceeding against him on the strength of a settlement reached with respondents 2 to 7. I have heard learned counsel for petitioner, respondents 2 to 7 and the learned Public Prosecutor. 2. Learned counsel for petitioner and respondents 2 to 7 have confirmed the settlement and authenticity of Annexures-A3 and A4, affidavits of respondents 2 to 7. Learned Public Prosecutor submitted that on enquiry it is revealed that petitioner has no criminal antecedents. 3. It is revealed from Annexures-A3 and A4, affidavits that respondents 2 to 7 have settled the dispute with petitioner. Having regard to the nature of offences alleged, settlement reached and considering that petitioner has no criminal antecedents I am inclined to allow the request. Crl.MC No.1088/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.452 of 2008 of Cheranalloor Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.3715 of 2008 of the court of learned Judicial First Class Magistrate-II, Ernakulam are quashed. THOMAS P.JOSEPH, Judge. cks