IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Crl.MC.No. 4354 of 2011( ) ---------------------------------- CC.1116/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD ....................................................... PETITIONER(S)/ ACCUSED 1& 2 : --------------------------------------------- 1. AHAMMED SAFRAN, S/O.ABDULLA, AGED 23 YEARS, SAFRAN MANZIL, SANTHOSH NAGAR, CHENGALA, KASARGOD DISTRICT. 2. HASKAR, S/O.T.M.ABDUL HAMEED, AGED 25 YEARS, THOTTUMBHAM HOUSE, KELUGUDDE ROAD, CHOORI, KASARGOD DISTRICT. BY ADV. SRI.S. JIJI RESPONDENT(S)/STATE & DEFACTO COMPLAINANT : -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KASARGOD POLICE STATION, KASARGOD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MANOJ KUMAR, S/O.NARAYANAN, AGED 30 YEARS, KOKKAM HOUSE, UDUMA P.O. & VILLAGE, KASARGOD DISTRICT- PIN-671 123. R1 BY PUBLIC PROSECUTOR SMT. JASMINE. R2 BY ADV. SMT. C.G. PREETHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS Crl.MC.No. 4354 /2011 APPENDIX PETITIONER(S) ANNEXURES : ANNEXURE A1 : CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.615/2008 OF KASARGOD POLICE STATION. ANNEXURE A2 : COPY OF THE JUDGMENT DATED 27.5.2011 IN C.C. NO. 934/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, KASARGOD. ANNEXURE A3 : AFFIDAVIT DATED 2.12.2011 SWORN BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES : NIL / TRUE COPY / P.A. TO JUDGE NS N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4354 of 2011 ------------------------------------------ Dated this the 20th day of December, 2011 ORDER Petitioners are A9 and A10 in CC.934/08. Altogether there were 11 accused persons. Out of them A3 died and so the charge against him stood abated. Other accused persons who faced the trial were acquitted by the learned Magistrate. These petitioners were absconding and so their case was split-up and refiled. It is now pending as CC.1116/11. The 2nd respondent is the de facto complainant therein. Both sides would submit that parties have settled the matter and that the second respondent has no grievance in the matter. In the light of the settlement arrived at, this petition is allowed. Further proceedings in CC. CC.934/08 is quashed. N.K. BALAKRISHNAN, JUDGE smvd