IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Crl.MC.No. 3840 of 2011 ---------------------------------- [CC.NO.355/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, KASARAGOD] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. IBRAHIM NELLIKKAD, S/O.ABOOBACKER HAJI, AGED 50 YEARS, RESIDING AT S.S.VIHAR, NELLIKKAD, POVVAL, MULIYAR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. SINDIRI ACHU @ ASHRAF, S/O.ABDUL KHADER, AGED 36 YEARS, RESIDING AT BENCH COURT, POVVAL, MULIYAR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. 3. RIYAS @ ABDU, S/O.ABDUL KHADER, AGED 22 YEARS, RESIDING AT BENCH COURT,POVVAL, MULIYAR VILLAGE AND POST,KASARAGOD TALUK, KASARAGOD DISTRICT. 4. UMBAYI @ IBRAHIM, S/O.ABDUL RAHIMAN, AGED 44 YEARS, RESIDING AT MASDIKUNDU, MULIYAR VILLAGE AND POST,KASARAGOD TALUK, KASARAGOD DISTRICT. 5. SINDIRI ABDUL KHADER @ ABDUL KHADER, S/O.ABDULLA KUNHI, AGED 46 YEARS, RESIDING AT BENCH COURT, POVVAL, MULIYAR AND POST, KASARAGOD TALUK,KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS/STATE: ---------------------------------- 1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, ADHUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. CRL.M.C.NO.3840/2011: 2. A.B.SOUDHA, W/O.SHERIEF KAMBRAJE, AGED 28 YEARS, RESIDING AT KAMBRAJE HOUSE, POVVAL KOTTA, POVVAL, MULLIYAR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN- 671 542. 3. SHEREEF KAMBRAJE, S/O.ABDUL RAHIMAN, AGED 41 YEARS, RESIDING AT KAMBRAJE HOUSE, POVVAL KOTTA, POVVAL, MULLIYAR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN- 671 542. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN, R2 & R3 BY ADV. SRI.B.J.ABJITH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3840/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-A1. A TRUE COPY OF THE FIR IN CRIME NO.24/2009 OF ADHUR POLICE STATION. ANNEXURE-A2. A TRUE COPY OF THE FINAL REPORT IN CRIME NO.24/2009 OF ADHUR POLICE STATION. ANNEXURE-A3. A TRUE COPY OF THE MEMO OF EVIDENCE IN CRIME NO.24/2009 OF ADHUR POLICE STATION. ANNEXURE-A4. THE AFFIDAVIT DATED 13.9.2011 SWORN IN BY THE 2ND RESPONDENT. ANNEXURE-A5. THE AFFIDAVIT DATED 13.9.2011 SWORN IN BY THE 3RD RESPONDENT. ANNEXURE-A6. THE AFFIDAVIT DTD. 19/11/2011 SWORN IN BY THE R.2. ANNEXURE-A7. THE AFFIDAVIT DTD. 19/11/2011 SWORN IN BY THE R.3. RESPONDENTS' ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3840 of 2011 ----------------------------------- Dated this the 24th day of November 2011 O R D E R Petitioners are the accused in C.C.No.355/2009 of J.F.C.M.-I, Kasaragod. The offences alleged against them are under Secs.143, 147, 148, 447 and 427 r/w 149 IPC. 3rd respondent is the owner of the house which was stated to have been trespassed upon and damaged by the accused. The 2nd respondent is the wife of the 3rd respondent. R2 and R3 are represented in this Court by their counsel. Separate affidavits have been filed stating that the entire matter has been settled out of court. In the light of the settlement arrived at, this Crl.M.C. is allowed. Further proceeding in C.C.No.355/2009 of J.F.C.M.-I, Kasaragod is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt