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. 967 of 2011() ------------------------ CC.1371/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... (CRIME NO.885/2007 OF KALAMASSERY POLICE STATION) ...... PETITIONER(S): ACCUSED 1 AND 2: ----------------------------------------------------- 1. SAJITH RAHMAN, S/O.ABDUL RAHMAN, AGED 36, THALAHATH MANZIL HOUSE, H.NO.K.P.288, PRIYADARSHINI NAGAR, PERUMBILAVU, PATHAKKARA DESOM, KARIKKAD VILLAGE, THALAPPILLY TALUK, THRISSUR. 2. SAJEEVAN, S/O.PARAMESWARAN, AGED 23, PUTHENPURACKAL HOUSE, PERUMBILAVU, PATHAKKARA DESOM, KARIKKAD VILLAGE, THALAPPILLY TALUK, THRISSUR. BY ADV. SMT.P.SAREENA GEORGE RESPONDENT(S): DEFACTO COMPLAINANT AND STATE: ------------------------------------------------------------------------------------ 1. COSMO CARRYING PVT.LTD., REPRESENTED BY G.PRASAD, S/O.GOVINDAN NAIR, AGED 46, VICE PRESIDENT, H.O.15-1-503/5 OLD FEELKHANA, HYDERABAD-500 012, ANDHRA PRADESH. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR 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.967 of 2011 -------------------------------------- Dated this the 4th day of April, 2011. ORDER Petitioners are accused 1 and 2 and second respondent is the third accused in Crime No.885 of 2007 of Kalamassery Police Station and C.C.No.1371 of 2008 of the court of learned Judicial First Class Magistrate-II, Aluva for offences punishable under Sections 457, 461 and 380 of the Indian Penal Code. Case is that petitioners and the third accused in furtherance of their common intention committed theft of money kept in the drawer of the office table of the first respondent, a private limited company sometime between 8.45 p.m. on 06.10.2007 and 8.45 a.m. on 07.10.2007. It is said that second respondent/third accused is absconding. In the meantime parties have settled the dispute and accordingly petitioners have sought to quash proceeding against them. I have heard learned counsel and the learned Public Prosecutor. 2. Learned counsel have confirmed the settlement between the parties. Though the case was registered on the information given by one Sunil Jacob (CW1) on behalf of the first respondent, it is stated that service of Sunil Jacob with the first respondent - company is terminated and he is now working in the United States . The first respondent is a private limited company. Its Vice President has sworn an affidavit (Annexure-C) stating that the matter is settled Crl.MC No.967/2011 2 and that first respondent does not intend to proceed in the matter further. The Manging Director of first respondent has executed a power of attorney (a photocopy of which is produced along with Crl.M.A.No.2038 of 2011) authorising the Vice President o(f the first respondent - company) to settle the case. 3. In the above circumstances and since the matter is settled between parties I am inclined to think that further proceeding is not warranted. 4. Second respondent/third accused is said to be absconding. Learned counsel for first respondent submitted that since the matter is settled, the case against second respondent also can be terminated. Having regard to the circumstances I do not find reason why the benefit of the decision in this proceeding should not be extended to the second respondent/third accused as well. Resultantly this Criminal Miscellaneous Case is disposed of in the following lines: i. Final report in Crime No.885 of 2007 of Kalamassery Police Station against petitioners/accused and the second respondent/third accused is quashed. Crl.MC No.967/2011 3 ii. Cognizance taken by the learned Judicial First Class Magistrate-II, Aluva against petitioners and all further proceedings in C.C.No.1371 of 2008 against them are also quashed. THOMAS P.JOSEPH, Judge. cks