IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1741 of 2011() ----------------------- CC.870/2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................. PETITIONER : -------------------- LIJU, S/O.THOMAS, AGED 42 YEARS, RESIDING AT MADATHIL PARAMBIL HOUSE, L.F.C.ROAD, KALOOR P.O., KOCHI-17, ERNAKULAM. BY ADV. SRI.S.R.SREEJITH RESPONDENT(S): ------------------------- 1. LEENUS, S/O.THOMAS, AGED 44 YEARS, RESIDING AT MADATHIL PARAMBIL HOUSE, L.F.C.ROAD, KALOOR P.O., KOCHI-17, ERNAKULAM. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY ADV. SRI.ANTONY SHYJU R2 BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1741 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE AI : COPY OF THE FINAL REPORT IN C.C. 870/2005 ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-II, ERNAKULAM. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1741 of 2011 --------------------------------------- Dated this 15th day of June, 2011 ORDER Petitioner is accused in Crime No.189 of 2004 of Ernakulam Town North Police Station and C.C.No.870 of 2005 of the court of learned Judicial First Class Magistrate-II, Ernakulam for offences punishable under Secs.341, 323 and 506(ii) of the Indian Penal Code. The dispute is between petitioner and first respondent, direct brothers. The alleged incident occurred on 21.04.2004 at about 10.45p.m in the family house. Petitioner says that he has settled the dispute with the first respondent and accordingly requests to quash proceeding against him. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. 2. On going through the final report it would appear that there was some family dispute which resulted in the unfortunate incident on 21.04.2004. Learned counsel for petitioner and first respondent have confirmed the settlement. Learned counsel on both sides confirmed authenticity and genuineness of the joint statement filed by petitioner and first respondent. It is seen that the dispute is settled. Since the dispute is personal to and Crl.M.C.No.1741 of 2011 -: 2 :- between petitioner and first respondent, that dispute is settled and having regard to the nature of allegation I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.189 of 2004 of Ernakulam Town North Police Station and proceeding taken against petitioner in C.C.No.870 of 2005 of the Court of learned Judicial First Class Magistrate-II, Ernakulam are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-