IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.MC.No. 705 of 2011() ----------------------------------- CC.NO. 1831/2003 of JUDICIAL MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------------------- RANSOM SEBASTIAN, W/O.SEBASTIAN, AGED 43 YEARS, KOIKKAL PARAMBIL HOUSE, VAZHAKKALA, KAKKANAD, COCHIN. BY ADV. SRI.K.R.SUNIL SMT.REENA GOPINATH RESPONDENT(S): COMPLAINANT/ACCUSED ---------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAMESH, S/O.SANTHAKUMARAN, VALIANADUVATH, H.NO.203, SHREYAS APARTMENTS, EDAPPALLY VILLAGE, ERNAKULAM.PIN- 682 041 R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2 BY ADV. SRI.SUMAN CHAKRAVARTHY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.705 of 2011 --------------------------------------- Dated this 01st day of April, 2011 ORDER Petitioner is the defacto complainant in Crime No.490 of 2003 of Ernakulam Central Police Station and C.C.No.1831 of 2003 of the Court of learned Judicial First Class Magistrate-II, Ernakulam for offences punishable under Secs.279, 338, 294(b), 323 and 354 of the Indian Penal Code. The police after investigation submitted Annexure-2, final report. Case is that on 09.07.2003 the second respondent rode scooter along the public road in a rash and negligent manner so as to endanger human life, caused that scooter hit petitioner, used obscene words and assaulted her. Petitioner states that she has settled dispute with the second respondent. Hence it is requested that further proceeding may be quashed. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 2. Learned counsel on both sides confirmed the settlement. Learned counsel for petitioner confirmed the authenticity of Annexure-3, affidavit of petitioner. Learned Public Prosecutor after getting instruction submitted that parties have settled the dispute and that the Investigating Officer has obtained Crl.M.C.No.705 of 2011 -: 2 :- a statement of petitioner in that line. Since the matter is settled between the parties, proceeding with the case is only a wasteful exercise. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.490 of 2003 of Ernakulam Central Police Station and proceeding against second respondent in C.C.No.1831 of 2003 of the Court of learned Judicial First Class Magistrate-II, Ernakulam are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-