IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Crl.MC.No. 3293 of 2011 ---------------------------------- [C.C.NO.1598/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASSCOURT-I, HOSDRUG] .................... PETITIONERS/ACCUSED NOS.1 TO 3: ----------------------------------------------------- 1. YASAR @ JASAR.K., AGED 26 YEARS, S/O.ABOOBACKER, R/AT ATTIPPUVALAPPU, ORIMUKU.P.O., KAITHAKKAD-671 313,PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. SHERIF.P.,AGED 26 YEARS, S/O.E.ASSINAR, ORIMUKKU, PADNE VILLAGE,P.O.PADNE-671 312, HOSDURG TALUK, KASARAGOD DISTRICT. 3. T.K.C.KHALID, AGED 26 YEARS, S/O.RASHEED, PARAMBATH VEEDU, P.O.KAITHAKKAD-671 313, CHERUVATHUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH. RESPONDENTS/STATE & CW NO.1 IE. DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------------ 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. C.KRISHNAN, AGED 51 YEARS, S/O.KUNHAMBU, R/AT CHERUNGADI HOUSE, PADNE.P.O., 671 312, PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR, R2 ADV. SRI.TOJAN J. VATHIKULAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3293/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE AI A TRUE COPY OF THE CHARGE SHEET IN C.C.NO.1477 OF 2007 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEXURE AII A TRUE COPY OF THE JUDGMENT DATED 28/06/2010 IN C.C.NO.1477 OF 2007 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEXURE AIII A TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.3970 OF 2010 DATED 26/10/2010. ANNEXURE AIV THE TRUE COPY OF THE RECORDS IN MAGISTERIAL CALENDAR IN C.C.NO.1598 OF 2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEXURE AV THE ORIGINAL CONSENT LETTER DATED 17/06/2011 ISSUED BY THE 2ND RESPONDENT. ANNEXURE AVI THE AFFIDAVIT DATED 18/06/2011 OF THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3293 of 2011 ----------------------------------- Dated this the 28th day of September 2011 O R D E R Petitioners are the accused Nos.1 to 3 in C.C.No.1598/2010 on the file of J.F.C.M.-I, Hosdurg. They were absconding when the main case (C.C.No.1477/2007) was tried against the accused persons. Annexure AII is the judgment in C.C.No.1477/2007 as per which the accused who faced the trial were acquitted by the learned Magistrate. PW1 who was the main witness in that case and who is the de facto complainant stated before the learned Magistrate that he could not identify the accused. Learned counsel for the petitioners submits that another accused approached this Court to quash the proceedings in view of the fact that the matter was settled. Now it appears there is peace and tranquility in the locality. An affidavit has been filed by the de facto complainant, who is the 2nd Crl.M.C. No.3293 of 2011 -: 2 :- respondent herein stating that the matter has been settled and that he is not intending to prosecute the matter. In view of the submission made by both sides that they have settled the matter, it is just and proper that further proceeding against these petitioners is quashed. In the result, this Crl.M.C. is allowed. Further proceeding against these petitioners in C.C.No.1598/2010 on the file of J.F.C.M.-I, Hosdurg is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt