IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4455 of 2011() ------------------------- CC.957/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDURG .................... PETITIONER(S): ACCUSED NOS. 1 & 2: ---------------------------------------------------------- 1. K.K.NAVAS, AGED 30 YEARS, S/O.LATE KUNHAMU, KKAPPANAKKAL, AYISHA MANZIL, KOOLIYANKAL, ARANGADI, KASARAGOD DISTRICT. 2. K.ABDULRAHIMAN, AGED 27 YEARS, S/O.MUTHARI AHAMMADKUNHI, KASHMI (H), ARANGADY, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE & DEFACTO COMPLAINANTS (CWs 1 & 2): ----------------------------------------------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. A.A.SAHEER, AGED 26 YEARS, S/O.MUHAMMED, RESIDING AT MURIYANAVI HOUSE, MURIYANAVI, HOSDURG VILLAGE, KASARAGOD DISTRICT-671 315. 3. P.V.SAMEER, AGED 30 YEARS, S/O.KUNHABDULLA, RESIDING AT AVIYIL HOUSE, AVIYIL, HOSDURG VILLAGE, KASARAGOD DISTRICT-671 315. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN R2 & R3 BY ADV. SRI.M.T.SURESHKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.4455/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: CERTIFIED COPY OF THE FIR IN CRIME NO.337/2006 DTD. 04/08/2006 OF HOSDURG POLICE STATION. ANNEX.A1(A):CERTIFIED COPY OF THE FI STATEMENT IN CRIME NO.337/2006 DTD. 04/08/2006 OF HOSDURG POLICE STATION. ANNEX.AII: CERTIFIED COPY OF THE RELEVANT PAGES SHOWING THE RANK OF THE ACCUSED AND THE MEMO OF EVIDENCE OF THE FINAL REPORT DTD. 19/08/2006. ANNEX.AIII: CERTIFIED COPY OF THE JUDGMENT DTD. 28/04/2008 INCC.NO.1063/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG. ANNEX.AIV: CERTIFIED COPY OF THE JUDGMENT DTD. 07/06/2010 IN CC.NO.559/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG. ANNEX.AIV(A);CERTIFIED COPY OF THE RECORDS IN MAGISTERIAL CALENDAR. ANNEX.AV: THE ORIGINAL CONSENT LETTER DTD. 15/12/2011 OF RESPONDENT NO.2 SIGNED BEFORE AN ADVOCATE NOTARY. ANNEX.AV(A):THE ORIGINAL CONSENT LETTER DTD. 15/12/2011 OF RESPONDENT NO.3 SIGNED BEFORE AN ADVOCATE NOTARY. ANNEX.AVI: ORIGINAL AFFIDAVIT DTD. 15/12/2011 OF THE 2ND RESPONDENT/DEFACTO COMPLAINANT (CW1) SIGNED BEFORE AN ADVOCATE. ANNEX.AVI(A): ORIGINAL AFFIDAVIT DTD. 15/12/2011 OF THE 3RD RESPONDENT/DEFACTO COMPLAINANT (CW2) SIGNED BEFORE AN ADVOCATE. RESPONDENT'S ANNEXURES: N I L /TRUE CO PY/ P.A.TO JUDGE Kss N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4455 of 2011 ------------------------------------------ Dated this the 22nd day of December, 2011 ORDER Petitioners were the second and 5th accused in CC.1063/2006 of JFCM - I, Hosdurg. Altogether there were 7 accused. Other accused who were tried, were acquitted by the learned Magistrate. Respondents 2 and 3 are the injured/aggrieved parties. They are represented in this court by their counsel. The offences alleged against the accused are under Sections 143, 147 158, 341, 323, 324 and 308 r/w 149 IPC. An agreement was also entered into between the parties in terms of the settlement. Affidavits have been filed before this court stating that the matter has been settled and they have no further grievance in the matter. In the light of the settlement arrived at, this petition is allowed. Further proceedings in CC.1063/2006 of JFCM - I, Hosdurg is quashed. N.K. BALAKRISHNAN, JUDGE. Smvd "CC.No.1063/2006" occurring in the last sentence of the final order dated 22/12/2011 in Crl. M.C. 4455/2011 is corrected and substituted as "C.C. No.957/2010" as per order dated 17/01/2012 in Crl. M.A. 234/2012. sd/- Registrar (Judicial)