IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Crl.MC.No. 4072 of 2011() ------------------------- CP.137/2010 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR .................... PETITIONER(S): ACCUSED ---------------------- 1. SREEKKUTTAN, AGED 24 YEARS, S/O. VIJAYAN, BHAGAVATHIPPARAMBIL HOUSE, NEAR CHUDUKADU, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 2. JAISON, AGED 28 YEARS, S/O. THOMAS, PARAKKAL HOUSE, NEAR CHUDUKADU, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 3. FLEBIN, AGED 21 YEARS, S/O. KUNJUMON, PUTTUKUTTIKKAL HOUSE, MANNAMTHURUTHU KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 4. STEJIN, AGED 20 YEARS, S/O. MANUEL, EERATHARA HOUSE, NEAR CHURCH, MUTTINAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 5. JIBEESH, AGED 25 YEARS, S/O. THANKACHAN, VATTAPPOTTAYIL HOUSE, MUTTINAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 6. BIMISH, AGED 24 YEARS, S/O. SUGUNAN, KAATTIL HOUSE, NEAR SNDP TEMPLE, MANNAMTHURUTHU KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 7. BAIJU @ MAYAVI BAIJU, AGED 27 YEARS, S/O. JOSE, KAITHARAKKUZHI KARA, PUTHAN PALLI, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 8. ANSON, AGED 33 YEARS, S/O. JOHN, THANNIKKAPPILLIL HOUSE, MUTTINAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. tss CRMC.4072/2011 9. VARGHESE, AGED 35 YEARS, S/O. ANTONY, EERATHARA HOUSE, MUTTINAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 10. ABHILASH, AGED 23 YEARS, S/O. APPU, CHUVANNARAYANPADATH HOUSE, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 11. NIDHEESH, AGED 27 YEARS, S/O. CLEETUS, KADEPPARAMBU HOUSE, PUTHANPALLI KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. BY ADV. SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) RESPONDENT(S): RESPONDENTS & CWS 1-4 ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. JENSON, AGED 24 YEARS, S/O. JOHNSON, NJEZHUVINGAL HOUSE, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 3. NIJEESH, AGED 28 YEARS, S/O. BHASKARAN, CHUVANNARAYANPADAM HOUSE, BEHIND PETROL PUMP, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 4. RANJAN, AGED 25 YEARS, S/O. JOSEPH, KANAPPILL HOUSE, BEHIND GOPIKA BAR, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM DISTRICT-683 517. 5. JITHESH, AGED 24 YEARS, SHAJI, ARACKAPARAMBU HOUSE, OLANADU KARA, ALANGAD VILLAGE, ERNAKULAM DISTRICT-683 517. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 TO R5 BY ADV. SRI.M.REVIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. 4072/2011 APPENDIX PETITIONER(S) EXHIBITS ANX.A1:- COPY OF THE FINAL REPORT IN CRIME NO. 34 OF 2010 OF THE VARAPPUZHA POLICE STATION. ANX.A2:-THE AFFIDAVIT DATED 21-11-2011 SWORN BY THE 2ND RESPONDENT HEREIN. ANX.A3:-THE AFFIDAVIT DATED 21-11-2011 SWORN BY THE 3RD RESPONDENT HEREIN. ANX.A4:-THE AFFIDAVIT DATED 21-11-2011 SWORN BY THE 4TH RESPONDENT HEREIN. ANX.A5:-THE AFFIDAVIT DATED 21-11-2011 SWORN BY THE 5TH RESPONDENT HEREIN. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4072 of 2011 ------------------------------------------ Dated this the 29th day of November, 2011 ORDER Petitioners are the accused in Crime No.34/2010 of Varappuzha police station which is now pending before JFCM-I, North Paravoor for committal of the case to the Court of Sessions as CP 137/2010. The offence alleged against them are under Sections 143, 147, 148, 341 and 308 r/w 149 IPC. Respondents 2 to 5 are the injured in the aforesaid case. The alleged incident took place in front of a cinema theatre. There was a clash between the two groups. One group took some stones and also an iron bar and inflicted injuries on the members of the other group. Respondents 2 to 5 are represented by their counsel. It is submitted that both sides have settled the matter out of court and they have no further grievance on the matter. There is a counter case also which is the subject matter of Criminal M.C.4074/2011. There also the allegations are Crl.M.C.No. 4072 of 2011 -: 2 :- almost same. Since both parties have settled the matter, this petition is allowed. Further proceedings in CP 137/10 before JFCM-1, North Paravur is quashed. N.K. BALAKRISHNAN, JUDGE smvd