IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Crl.MC.No. 3328 of 2011() ------------------------- PETITIONERS: ACCUSED 1 TO 3 1. SREEJIT, AGED 20 YEARS, MANGARATHALA HOUSE, TC 19/124, THIRUMALA, THIRUVANANTHAPURAM. 2. SUBITH, AGED 19 YEARS, TC 8/142, BHASKARA NIVAS, CHANDAVILA, KATTAYIKONAM, THIRUMALA, THIRUVANANTHAPURAM. 3. VINOD RAJ, AGED 18 YEARS, TC 18/47(10), CHITTIRA HOUSE, ALLAPURAM, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI. SUMAN CHAKRAVARTHY SRI. MARTINDAS V.JAMES (VATTAKKUZHIYIL) RESPONDENTS: CW1, CW2 & STATE 1. VINOD, S/O RAJAN, AGED 21 YEARS, "VINOD BHAVAN", VIYYAKKONAM, NEAR KALLIKADU, NETTUKALTHERI JAIL, KALLIKADU, NETTUKALTHERI JAIL, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. SHAIJU, S/O ARJUNAN, AGED 22 YEARS, SAJEESH BHAVAN, MAILAKKARA, KALLIKADU VILLAGE, NEYYATINAKARA TALUK, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R3 BY PUBLIC PROSECUTOR ADV. SHRI. B. JAYASURYA R1 TO R2 BY ADV. SRI.K.B.PRADEEP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: bka ...2 Crl.MC.No. 3328 of 2011() APPENDIX PETITIONERS' EXHIBITS: ANNEXURE-A: A FREE COPY OF THE FINAL REPORT IN CRIME NO.110/10 OF POOJAPPURA PS. ANNEXURE-B: ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 1ST RESPONDENT DATED 18.9.2011. ANNEXURE-C: ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 18.9.2011 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE bka N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3328 of 2011 ----------------------------------- Dated this the 29th day of September 2011 O R D E R Petitioners are the accused Nos.1 to 3 in Crime No.110/2010 of Poojappura Police Station. The respondents 1 and 2 are the injured/complainants in that crime. The crime was registered alleging offences under Secs.294(b) and 308 IPC. The respondents 1 and 2 are represented in this Court by their counsel. Affidavits have been filed by the respondents 1 and 2 stating that the matter relating to the aforesaid crime has been settled out of court and they are not intending to prosecute the matter. On going through the copy of wound certificate, it is seen that they were beaten by the accused with his hands and only abrasions and contusions were found on the body of the injured persons. In view of the settlement arrived at and in the light of the fact that only minor injuries were Crl.M.C. No.3328 of 2011 -: 2 :- inflicted on respondents 1 and 2, I find that further proceeding can be quashed. In the result, this Crl.M.C. is allowed. Further proceeding in Crime No.110/2010 of Poojappura Police Station is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt