IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.MC.No. 1016 of 2011() ------------------------------- ST.994/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRIME NO.126/2006 OF NALLALAM POLICE STATION .................... PETITIONER(S): ACCUSED ------------------------------- NOUSHAD, S/O. MUHAMMEDKUTTY MASTER, MAPPILA VEEDU, KOTTAL AMSOM DESOM, MANAKKADAVU, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): STATE AND COMPLAINANT1 ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. T. SABIRA, W/O. ABDULLAKUTTY, AGED 27 YEARS, PULIYAKKAT HOUSE, KANDANVETTIKAVU, CHERUKAVU AMSOM MALAPPURAM DISTRICT - 676 505. R1 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN R2 BY ADV. SRI.NISHIL.P.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1016 of 2011 -------------------------------------- Dated this the 31st day of March, 2011. ORDER Petitioner is the third accused in Crime No.126 of 2006 of Nallalam Police Station and the sole accused in S.T.No.994 of 2010 of the court of learned Judicial First Class Magistrate-V, Kozhikode. Case was registered against the petitioner who is the brother-in-law of respondent No.2 and two others by the Nallalam Police on the complaint of respondent No.2. Accused 1 and 2 who faced trial in C.C.No.350of 2006 were acquitted. Since petitioner was not available for trial case against him was split and refiled as S.T.No.994 of 2010. Now there is a settlement between petitioner and respondent No.2 based on which proceedings are sought to be quashed. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. 2. Learned counsel for respondent No.2 does not dispute that accused 1 and 2 were acquitted in C.C.No. 350 of 2006. Now what remains is only prosecution against petitioner. Annexure-3 is the affidavit sworn by respondent No.2 genuineness of which is confirmed by learned counsel for respondent No.2. Learned counsel for petitioner and respondent No.2 have also confirmed the settlement. 3. Having regard to the acquittal of accused 1 and 2 and the settlement reached between petitioner and respondent No.2 as seen from Crl.MC No.1016/2011 2 Annexure-3, it is not necessary to continue the proceeding further. Hence I am inclined to allow the request. Resultantly this petition is allowed. Final report in Crime No.126 of 2006 of Nallalam Police Station, cognizance taken thereon and proceeding against petitioner in S.T.No.994 of 2010 of the court of learned Judicial First Class Magistrate-V, Kozhikode are quashed. THOMAS P.JOSEPH, Judge. cks