IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Crl.MC.No. 3505 of 2011() ------------------------------------- CRIME NO.662/2011 OF POOYAPPALLY POLICE STATION, KOLLAM DIST. ................ PETITIONERS/ACCUSED NO.1 TO 5: ----------------------------------------------------- 1. RIYAS, AGED 22 YEARS, SON OF SHAHUDEEN RESIDING AT KUNNUVILA PUTHEN VEEDU, ATTOORKONAM KARINGANNOOR P.O., OYOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. RAFI, SON OF SHAHUDEEN, RESIDING AT KUNNUVILA PUTHEN VEEDU, ATTOORKONAM KARINGANNOOR P.O., OYOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 3. SIYAD. S., AGED 23 YEARS, SON OF SHAHUL HAMEED, PARAVILA PUTHEN VEEDU, MUTHALA P.O., MOOLABHAGOM, PALLIKKAL, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 4. NAFEER. K., AGED 19 YEARS, SON OF KABEER RESIDING AT CHERUNALLOOR VEEDU, ATTORKONAM KARINGANNOOR P.O., OYOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 5. SHAMNAD. K., AGED 25 YEARS, SON OF KAMALUDDIN, RESIDING AT SHAMNAD MANZIL, ATTORKONAM, KARINGANNOOR P.O., OYOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.S.BIJU (KIZHAKKANELA) RESPONDENTS/STATE & DEFACTO COMPLAINANT : ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Crl.MC.No. 3505 of 2011 2. OMANAKUTTAN @ BIJU, AGED 40 YEARS, SON OF GOPALAKRISHNA PILLAI, RESIDING AT VAISHAKAM VEEDU, ATTORKONAM, VELINALLOOR VILLAGE KARINGANNOOR P.O., OYOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 3. BINU, SON OF GOPALAKRISHNA PILLAI, RESIDING AT VAISHAKAM VEEDU, ATTORKONAM, VELINALLOOR VILLAGE, KARINGANNOOR P.O., OYOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. R2 & R3 BY ADV. SRI.JOHNSON GOMEZ. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3505 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: COPY OF THE FIRST INFORMATION REPORT REGISTERED BY THE POOYAPPALLY POLICE STATION IN CRIME NO.662/2011. ANNEXURE A2: COPY OF THE AFFIDAVIT DATED 22/09/2011 SWORN BY THE SECOND RESPONDENT. ANNEXURE A3: COPY OF THE AFFIDAVIT DATED 23/09/2009 SWORN BY THE THIRD RESPONDENT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3505 of 2011 ----------------------------------- Dated this the 14th day of October 2011 O R D E R Petitioners are accused Nos.1 to 5 in Crime No.662/2011 of Pooyappally Police Station. The FIR was registered against the petitioners and others for offences punishable under Secs.143, 147, 148, 323, 324 and 294(b) r/w 149 IPC. This is a counter case to Crime No.668/2011 which is the subject matter of Crl.M.C.No.3504/2011. It is submitted by the learned counsel appearing for both sides that the parties have settled the matter out of court. Affidavit of the injured persons have been filed in this case. It is stated that they do not intend to proceed with the case. As the parties have settled the matter out of court and as the petition in the counter case has already been allowed, this Crl.M.C. is also allowed. Further proceeding in Crime No.662/2011 of Pooyappally Police Station is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt