IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Crl.MC.No. 3331 of 2011 -------------------------------- CC.504/08 OF JFCM-I, ALUVA ....... PETITIONER/ACCUSED: YUSUF, S/O ALIYAR, MURINGASSERY, EDATHALA KARA, ALUVA EAST VILLAGE. BY ADV. SRI.M.M.ABDUL RAHIMAN RESPONDENTS/STATE/COMPLAINANT: 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION-683 101. 3. MEHABOOB, S/O ISMAIL, VATHODI VEETIL, VELIYATHUNADU, KARUMALLOOR, ALUVA -683 101. BY PP SRI.ALEX M.THOMBRA FOR R1 & 2 ADV.SMT.P.KULSU FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENIX IN CRMC 3331/2011 ANNEXURE-A1 COPY OF THE FIR IN CRIME 1667/07 OF ALUVA POLICE STATION ANNEXURE-A2 COPY OF FINAL REPORT IN ANNEXURE A1 ANNEXURE-A3 TRUE COPY OF AFFIDAVIT OF THE RESPONDENT /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3331 of 2011 ------------------------------------------- Dated this the 30th day of September, 2011 ORDER Petitioner is the accused and third respondent is the defacto complainant in C.C.No.504/2008 on the file of Judicial First Class Magistrate Court-I, Aluva. Third respondent is represented in this Court by his counsel. The offences alleged against the petitioner are under Sections 294(b), 341 and 323 read with Section 34 of Indian Penal Code. It is submitted that parties have amicably settled the matter out of court. An affidavit has also been filed by the defacto complainant stating that the matter has been settled and he is not intending to prosecute the matter. Since the dispute is purely personal in nature, the proceedings initiated against the petitioner is to be quashed. In the result, this petition is allowed. The proceedings in C.C.No.504/2008 pending before Judicial First Class Magistrate Court-I, Aluva is quashed. (N.K.Balakrishnan, Judge) tkv