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. 4074 of 2011() ----------------------------------- SC.256/2011 OF THE PRINCIPAL ASSISTANT SESSIONS COURT, NORTH PARAVUR CP.79/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NORTH PARAVUR CRIME NO. 33 OF 2010 OF VARAPPUZHA POLICE STATION ........................................... PETITIONER(S): ACCUSED 1 TO 9 ------------------------------------------------ 1. ZINATH @ MANOJ, AGED 24 YEARS, S/O. SIVAN, VADAKKETHARAL HOUSE, IN FRONT MADOM, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 2. JENSON, AGED 28 YEARS, S/O. JOHNSON, NJEZHUVINKAL HOUSE, BEHIND VISHNU TEMPLE, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 3. RANJAN, AGED 25 YEARS, S/O. JOSEPH, KANAPPILLI HOUSE, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 4. JITHESH, AGED 24 YEARS, S/O. SHAJI, ARACKAPPARAMBU HOUSE, VIP COLONY, OLANADU KARA, ALANGAD VILLAGE, ERNAKULAM - 683 517. 5. NIJISH, AGED 28 YEARS, S/O. BHASKARAN, CHUVANNARYANPADATH HOUSE, BEHIND PETROL PUMP, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 6. RAJAN, AGED 30 YEARS, S/O. JOSEPH, KANAPPILLI HOUSE, BEHIND GOPIKA BAR, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 7. BINIL JOSEPH, AGED 24 YEARS, S/O. JOSEPH, THAIPPARAMU HOUSE, THUNDATHUMKADAVU KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. Contd........2 -:2:- CRMC NO. 4074/2011 8. ANOTNY BIJU @ PINKY BIJU, AGED 24 YEARS, S/O. JOHN, THANNIKKAPPARAMBU HOUSE, THUNDATHUMKADAVU KARA. VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 9. TINSON, AGED 23 YEARS, S/O. ANTONY, PUTHIRIKKANDATH HOUSE, THUNDATHUMKADAVU KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. BY ADV. SRI.M.REVIKRISHNAN RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. FLEBIN, AGED 21 YEARS, S/O.KUNJUMON, PUTTUKUTTIKKAL HOUSE, MANNAMTHURUTHU KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 3. SREEKUTTAN, AGED 24 YEARS, S/O. VIAJAYAN, BHAVATHIPPARAMBIL HOUSE, NEAR CHUDUKADU, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 4. JAISON, AGED 28 YEARS, S/O. THOMAS, PARAKKAL HOUSE, NEAR CHUDUKADU, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. 5. JIJO POULOSE, AGED 27 YEARS, S/O. POULOSE, PUTHUSSERY HOUSE, CHIRAKKAKOM KARA, VARAPPUZHA VILLAGE, ERNAKULAM - 683 517. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN R2 TO R5 BY ADV. SRI.PRASUN.S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sd/- CRMC NO. 4074/2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE-A1-TRUE COPY OF THE FINAL REPORT IN CRIME NO. 33 OF 2010 OF THE VARAPPUZHA POLICE STATION. ANNEXURE-A2-TRUE COPY OF THE AFFIDAVIT DATED 21/11/2011 SWORN BY THE 2ND RESP0NDENT HEREIN. ANNEXURE-A3-TRUE COPY OF THE AFFIDAVIT DATED 21/11/2021 SWORN BY THE 3RD RESPONDENT HEREIN. ANNEXURE-A4-TRUE COPY OF THE AFFIDAVIT DATED 21/11/2021 SWORN BY THE 4TH RESPONDENT HEREIN. ANNEXURE-A5-TRUE COPY OF THE AFFIDAVIT DATED 21/11/2021 SWORN BY THE 5TH RESPONDENT HEREIN. RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE sd/- N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4074 of 2011 ------------------------------------------ Dated this the 29th day of November, 2011 ORDER Petitioners 1 to 9 are the accused in Crime NO.33/2010 which is now pending before the Principal Assistant Sessions Court, North Paravoor as Session case No. 256/11. The offences 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 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.4072/2011. There also the allegations are almost same. Since both parties have settled Crl.M.C.No. 4074 of 2011 2 the matter, this petition is allowed. Further proceedings in Session case No.256/11 before the Principal Assistant Sessions Court, North Paravoor is quashed. N.K. BALAKRISHNAN, JUDGE smvd