IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 107 of 2006()
1. FR.ELIAS, S/O.FR.JOHN,
... Petitioner
2. JOY THOMAS, S/O.FR.THOMAS,
3. M.C.CHACKO, S/O.CHACKO,
4. K.M.JACOB, S/O.MATHEW,
5. BIJU THOMAS,
Vs
1. BABY, S/O.OUSEPH,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.S.SREEKUMAR
For Respondent :SRI.JOHN JOSEPH VETTIKAD
The Hon'ble MR. Justice R.BASANT
Dated :17/01/2008
O R D E R
R.BASANT, J
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Crl.R.P.No.107 of 2006
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Dated this the 17th day of January 2008
O R D E R
This revision petition is filed by the petitioners who have
been arrayed as accused in a private complaint filed by the
respondent/complainant. The learned Magistrate dismissed the
complaint under Section 203 Cr.P.C. In a revision filed before
the learned Sessions Judge, the learned Sessions Judge allowed
the revision and set aside the order of dismissal passed under
Section 203 Cr.P.C. This revision was admitted and the matter
stands stayed. At this stage, the parties had settled the disputes.
The respondent/complainant as well as the petitioners have
amicably and harmoniously settled their disputes. No dispute
survives now. In these circumstances, the
respondent/complainant does not want to further prosecute his
complaint.
2. The revision petitioners pray and the respondent
endorses the prayer that this revision petition may now be
allowed and the impugned order passed in the revision petition
by the learned Sessions Judge may be set aside upholding the
dismissal under Section 203 Cr.P.C of the complaint filed by the
respondent.
Crl.R.P.No.107/06 2
3. It is unnecessary to go in detail into technicalities.
The complainant does not want to prosecute the complaint. I am
satisfied that the prayer jointly made by the rival contestants can
be accepted.
4. This revision petition is accordingly allowed. The
impugned order is set aside. Dismissal under Section 203
Cr.P.C shall now remain.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
Crl.R.P.No.107/06 3
Crl.R.P.No.107/06 4
R.BASANT, J
Crl.M.A.Nos.21 & 65 of 2008
in Crl.R.P.No.765 of 2007
ORDER
17th DAY OF JANUARY 2008