IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Crl.MC.No. 3769 of 2011() ------------------------------------ CP.NO.64/2011 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA CRIME NO.300/2008 OF POOYAPPALLY POLICE STATION, KOLLAM .................... PETITIONER(S): ACCUSED NO.3 ------------------------------------------------ RIYAS, S/O.FASALUDEEN, VILAYIL VEEDU, MEEYANA MURI, VELINALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S)/ STATE AND COMPLAINANTS ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT. 3. SAJU, S/O.SURENDRAN, AGED 25 YEARS, SAJU BHAVAN, KAITHAYIL, NETTAYAM MURI, ELAMADU VILLAGE, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R3 BY ADV. SMT.BREJITHA UNNIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3769/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE CHARGE SHEET IN CRIME NO.300/2008 OF POOYAPPALLY POLICE STATION. ANNEX II COPY OF THE JUDGEMENT PASSED IN CRL.MC.2850/11 BY THE HON'BLE HIGH COURT OF KERALA. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3769 of 2011 ---------------------------------------------------- Dated this the 18th day of November, 2011 Order The petitioner is the third accused in Crime No.300 of 2008 of Pooyappally Police Station which is now pending before the JFCM Court-II, Kottarakkara in committed proceedings, C.P.No.64 of 2011. The offences alleged against the petitioner and others were under Sections 341, 323, 324 and 308 r/w 34 IPC and also under Section 27 of the Arms Act. The only aggrieved person/injured is the third respondent who is represented in this court by his counsel. Affidavit has been filed stating that the matter has been settled. It is pointed out by the learned counsel that though Section 308 is also added, in fact, except the allegation that the first accused therein had wielded a sword, no injury was caused by that weapon. It is also pointed out that as against the petitioner herein, the only allegation is that he had beaten or fisted on the stomach of the defacto complainant. There is no specific allegation that the petitioner was carrying any arm so as to attract the offence under Section 27 of the Arms Crl.M.C.3769/2011 2 Act. The sword was used by A1 as per the F.I.Statement. It is submitted that this case and the connected cases between the parties have been settled. In the light of the settlement arrived at, this Crl.M.C. is allowed. Further proceedings in C.P.No.64 of 2011 on the file of JFCM Court-II, Kottarakkara as against this petitioner is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3769/2011 3