IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Crl.MC.No. 4164 of 2011() ----------------------------------- Crime no.543/08 of Nadapuram police PETITIONERS/ ACCUSED ----------------------------------- 1. MUSTHAFA, S/O.ABDULLA HAJI, AGED 27 YEARS, OLAKKAMEETHAL HOUSE, THUNERI AMSOM, MUDAVANTHERI DESOM VADAKARA TALUK. 2. HARIS, S/O.AMMAD HAJI, KOMATH HOUSE, AGED 22 YEARS, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 3. NISAR, S/O.MOIDEEN, AGED 23 YEARS, KAMMATHIL HOUSE, THUNERI AMSOM, MUDAVANTHERI DESOM, VADAKARA TALUK. 4. ISMAIL S/O.ABOOBACKER, AGED 25 YEARS, THEYYAMPADI HOUSE, THUNERI AMSOM MUDAVNTHERI DESOM, VADAKARA TALUK. 5. RASHEED, S/O.AMMAD, AGED 25 YEARS, ATTUPURATH HOUSE, THUNERI AMSOM. MADAVANTHERI DESOM, VADAKARA TALUK. 6. ABDULLA, S/O.FAREED, AGED 23 YEARS, CHAMAYIL VATHUKKAL (H), THUNERI AMSOM MADAVANTHERI DESOM, VADAKARA TALUK. 7. JAMSHEER, S/O.MOIDU, AGED 23 YEARS, CHOYIMADATHIL (H), THUNERI AMSOM MADAVANTHERI DESOM, VADAKARA TALUK. 8. RASHEED S/O.AMMAD HAJI, AGED 23 YEARS, KATTIL HOUSE, THUNERI AMSOM, MADAVANTSHERI DESOM, VADAKARA TALUK. 9. ANAS, S/O.AMMAD, AGED 22 YEARS, CHENIKANDIYIL (H), THUNERI AMSOM MADAVANTHERI DESOM, VADAKARA TALUK. --2-- DG --2-- Crl.MC.No. 4164 of 2011() 10. NOUFAL, S/O.HAMEED, AGED 22 YEARS, NOOTTADAYIL (H), THUNERI AMSOM MADAVANTHERI DESOM, VADAKARA TALUK. 11. FASALUDHEEN, S/O.KUNHAMMAD KUTTY, AGED 35 YEARS, MANIKOTH KANDIYIL (H) THUNERI AMSOM, MADAVANTHERI DESOM, VADAKARA TALUK. 12. RASHID, S/O.MOIDU, AGED 30 YEARS, VARANKI THAZHAKUNIYIL (H), THUNERI AMSOM MADAVANTHERI DESOM, VADAKARA TALUK. 13. MUHAMMED, S/O.MOOSA, AGED 22 YEARS, KALATHIKANDIYIL (H) THUNERI AMSOM MADAVANTHERI DESOM, VADAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANTS: ----------------------------------------------- 1. KUNHIKANNAN S/O.CHOYI, AGED 52 YEARS, PARAMBATH (H), MADAVANTHERI P.O., THUNERI, VADAKARA TALUK, PIN-673 101. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031. R1 BY ADV.SMT.ANEESHA P.A R2 BY ADV.SMT.JASMIN.V.H, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG Crl.MC.No. 4164 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I: COPY OF THE FINAL REPORT IN CRIME NO.543/08 OF NADAPURAM POLICE. ANNEXURE II: SWORN AFFIDAVIT OF DE-FACTO COMPLAINANT. RESPONDENTS' ANNEXURES - NIL /TRUE COPY/ P.A.TO JUDGE DG N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4164 of 2011 ----------------------------------- Dated this the 13th day of December 2011 O R D E R Petitioners 1 to 8 are the accused in Crime No.543/2008 of Nadapuram Police Station. Petitioners in S.C.No.362/2011 are accused Nos.10 and 11 in the very same crime. Petitioners 12 and 13 are the accused in S.C.No.519/2009. These three cases are now pending before the Assistant Sessions Judge, Vatakara. Though there is another petitioner ie; petitioner No.9, his case was split up and is now pending as L.P.No.152/2009. That petition can be considered later since he did not appear before the court so far. De facto complainant, who is the first respondent is represented in this Court by his counsel. It is submitted by both sides that the complainant and the accused are residing in the very same locality and that the case arose due to political clashes prevailing in that locality Crl.M.C. No.4164 of 2011 -: 2 :- at that point of time and that they are now living peacefully. Affidavit has been filed stating that the matter has been settled out of court. It is submitted by both sides that further proceedings in these three sessions cases may be quashed. In the result, this Crl.M.C. is allowed to the extent of quashing the charges against petitioners 1 to 8 and 10 to 13. The request to quash the charge against A9 is rejected but with liberty to file fresh petition which will be disposed of on its own merit. N.K.BALAKRISHNAN, JUDGE. Jvt