IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 4668 of 2010() -------------------------------------- (CRIME NO.270/2009 OF HARIPPAD POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- TENSINGH, S/O.CHELLAPPAN, MUNDAKKAL KOVILAKOM, KARUVATTA NORTH P.O., ALAPUZHA. BY ADV. SRI.C.A.RAJEEV RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, HARIPAD, ALAPUZHA - 685 212. 3. SHAJESH, S/O.CHELLAPPAN, MUNDAKKAL KOVILAKOM, KARUVATTA NORTH P.O., ALAPUZHA - 685 212. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R3 BY ADV. SRI.JOHN BRITTO THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4668 of 2010 -------------------------------------- Dated this the 23rd day of February, 2011. ORDER Petitioner is accused No.1 in Crime No.270 of 2009 of Harippad Police Station for offences punishable under Sections 419, 463, 464, 465, 468 and 471 read with Section 34 of the Indian Penal Code and Section 82(c) of the Registration Act. Case is that petitioner and others impersonating one Ponnamma who allegedly died on 06.08.1995 forged sale deed No.1873 of 2004 as if it is executed by the said Ponnamma, got it registered in the office of Sub Registrar and the property was mutated in the name of assignee. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with respondent No.3/defacto complainant. Learned counsel submitted that the matter is settled between the parties, impugned sale deed is cancelled and a partition deed is executed. However, after arguing the matter for some time learned counsel requested permission to withdraw this petition without prejudice to his right to take appropriate defence in the trial court. I have heard learned Public Prosecutor. 2. Having regard to the request made I am inclined to allow it. Crl.MC.no.4668/2010 2 Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court. THOMAS P.JOSEPH, Judge. cks