IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Crl.MC.No. 3599 of 2011() ----------------------------------- SC.85/2009 of III ADDITIONAL ASSISTANT SESSIONS COURT, KOZHIKODE .................... PETITIONER/ACCUSED: ---------------------------------- FIROZ, S/O.JASMINE, KANNARAKUNNUMMAL, AVILORA, KODUVALLY. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS/COMPLAINANT & INJURED: --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. BASHEER, S/O.ABOOBACKER, KOLLARKANDI HOUSE, AVILORA, KODUVALLY-673 572. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. R2 BY ADV. SRI.B.HARISH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3599 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-1: COPY OF THE POLICE CHARGE IN S.C.85/2009 BEFORE THE III-ADDITIONAL ASSISTANT SESSIONS COURT, KOZHIKODE. ANNEXURE-2: COPY OF THE AFFIDAVIT SWORN TO BY THE INJURED. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3599 of 2011 ----------------------------------- Dated this the 25th day of October 2011 O R D E R Petitioner is the accused in S.C.No.85/2009 of IIIrd Addl. Assistant Sessions Judge, Kozhikode. The charge sheet was laid against him for offence punishable under Sec.308 IPC. The crime was originally registered under Sec.324 r/w 34 IPC. The other accused were stated to be juvenile and so their case was filed in the Juvenile Court. The 2nd respondent herein is the de facto complainant who sustained injury in the incident. He is represented in this Court by his counsel. It is submitted by the counsel appearing for both sides that the matter has already been settled amicably out of court and so the 2nd respondent does not intend to proceed further. The dispute is purely personal in nature. In the light of the settlement arrived at, this petition can be allowed. Crl.M.C. No.3599 of 2011 -: 2 :- In the result, this Crl.M.C. is allowed. Further proceeding against this petitioner in S.C.No.85/2009 of IIIrd Additional Assistant Sessions Court, Kozhikode is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt