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. 1704 of 2011 -------------------------------- CRIME.957/2008 of KASARAGOD POLICE STATION ............. PETITIONERS/ACCUSED 1 AND 2: 1. T.M.HASSAN @ HASSAINAR, AGED 31 YEARS, S/O.MUHAMMED KUNHI, K.E.VALAPPU, THAYALANGADI, THALANGARA VILLAGE, KASARGOD TALUK. 2. T.A.SAKARIYA, AGED 40 YEARS, S/O.ABDULLA, KUTTIYALI VALAPPU, FORT CROSS ROAD, KASABA VILLAGE, KASARGOD. BY ADV. SRI.S.JIJI RESPONDENTS/DEFACTO COMPLAINANTS & STATE: 1. UMMALIYUMMA, AGED 73 YEARS, W/O.ABDULLA (LATE), THALANGARA VILLAGE, KASARGOD-671 314. 2. MUMTHAS, AGED 28 YEARS, D/O.MUHAMMED KUNHI, THALANGARA PADINHAR, THALANGARA VILLAGE, KASARGOD-671 314. 3. STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, KASARGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SMT.LISHA.M.G. FOR R1 &R2 PUBLIC PROSECUTOR SRI.B.JAYASURYA FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 1704/2011 ANNEXURE-A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME 957/2008 OF KASARAGOD POLICE STATION ANNEXURE A2 AFFIDAVIT DT. 15.3.2011 SWORN BY THE FIRST RESPONDENT ANNEXURE A3 AFFIDAVIT DT. 15.3.2011 SWORN BY THE SECOND RESPONDENT /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.1704 of 2011 ------------------------------------------- Dated this the 28th day of September, 2011 ORDER Petitioners are accused 1 and 3 in Crime No.957/2008 of Kasargod Police Station. It is now pending as L.P.No.34/2011 before Chief Judicial Magistrate Court, Kasaragod. The offences alleged against them are under Sections 143, 147, 148, 448, 427 and 506(ii) read with Section 149 of Indian Penal Code. Respondents 1 and 2 are the aggrieved persons in the aforesaid case. They are represented by their counsel before this Court. They have filed an affidavit stating that the matter has already been settled out of court and that they are not intending to prosecute the matter further. Considering the fact that parties have settled the matter, I find it just and proper that further proceedings in L.P.No.34/2011 is to be quashed. In the result, this petition is allowed. Further proceedings in L.P.No.34/2011 on the file of Chief Judicial Magistrate Court, Kasaragod is quashed. (N.K.Balakrishnan, Judge) tkv