IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1772 of 2011() ------------------------------------- CC.NO. 724/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER/ DE-FACTO COMPLAINANT ----------------------------------------------------------- BALAKRISHNA SHETTY, AGED 69 YEARS, S/O.MADHAVAN R/A.CHOOTAMOLA HOUSE, POST MULLERIA,KASARAGOD DISTRICT BY ADV. SRI.S.JIJI RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP.BY S.H.O.ADHUR POLICE STATION, KASARAGOD DISTRICT,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. JANARDHANA SHETTY,S/O.ANTHAKKA SHETTY PONNATHODU HOUSE, KAYYAR POST, KASARAGOD 3. SURESH RAI, S/O.SHANKAPPA, MUNIYOOR PADIPALLA, BADIADKA, KASARAGOD DIST 4. KASTHURI,W/O.SURESH RAI, MUNIYOOR PADIPALLA, BADIADKA,KASARAGOD 5. SATHEESH RAI,S/O.SURESH RAI MUNIYOOR PADIPALLA, BADIADKA, KASARAGOD 6. CHANDRASHEKARA,S/O.ANTHAKKA SHETTY PONNATHODU HOUSE, KAYYAR POST, KASARAGOD R1 BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1772/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A-1: COPY OF THE PROTEST COMPLAINT DATED 16/08/2006 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KASARAGOD. ANNEX A-2: COPY OF THE COURT CHARGE DATED 19/05/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KASARAGOD. ANNEX A-3: COPY OF THE AFFIDAVIT DATED 21/05/2011 SWORN BY THE PETITIONER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1772 of 2011 ==================================== Dated this the 21st day of June, 2011 O R D E R The de facto complainant in C.C. No.724 of 2007 of the court of learned Judicial First Class Magistrate-I, Kasargod is the petitioner. He filed a complaint before the learned Magistrate against relatives of his daughter in law alleging that they (respondents 2 to 6) trespassed into his house and committed theft of aracanut, cashew and coconuts. That complaint was forwarded to the police for investigation. The Adhur police registered Crime No.85 of 2006, investigated and submitted a refer report. That was followed by a protest complaint from the side of petitioner and on that, learned Magistrate took cognizance and filed C.C. No.724 of 2007 for offences punishable under Sections 143, 147, 148, 447, 454 506(i) and 379 read with Section 149 of the Indian Penal Code. Petitioner-de facto complainant does not intend to proceed further in view of the settlement reached with respondents 2 to 6 and wants the proceeding to be quashed. Annexure-A3 is the affidavit of petitioner. Learned counsel confirmed the settlement and CRL.M.C. No.1772 of 2011 -: 2 :- authenticity and genuineness of Annexure-A3, affidavit. I have heard learned Public Prosecutor who submitted that there is no other case reported against respondents 2 to 6 in Kasargod District, even the present case was referred as a mistake of fact and that learned Magistrate took cognizance on the protest complaint filed by the petitioner. In the circumstances I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Proceedings against respondents 2 to 6/accused 1 to 5 in C.C. No.724 of 2007 of the court of learned Judicial First Class Magistrate-I, Kasargod are quashed. THOMAS P. JOSEPH, JUDGE. vsv