IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4430 of 2011() ------------------------- LP.29/2010 of ADDL. DISTRICT AND SESSIONS SESSIONS COURT-I (ADHOC), THRISSUR. CP.30/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD . NO.15/2008 OF CHAVAKKAD POLICE STATION .................... PETITIONER/ACCUSED --------------------------- MUJEEB, AGED 24 YEARS, S/O.MAJEED, KARIMBI VEEDU, THIRUVATHRA, EMS NAGAR, MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT/STATE & DEFACTO COMPLAINANT ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAKEER, AGED 29 YEARS, S/O.SAINUDHEEN, CHEMBAN HOUSE, THIRUVATHRA, CHAITHANYA NAGAR, CHAVAKKAD TALUK, THRISSUR DISTRICT 680 516. R1 BY PUBLIC PROSECUTOR SMT.JASMINE R2 BY ADV. SRI.V.V.JOY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Crl.MC.No. 4430 of 2011() --------------------------------- APPENDIX -------------- PETITIONER(S) EXHIBITS ------------------------------ ANNEXURE A: TRUE COPY OF THE FINAL REPORT FILED BY THE CHAVAKKAD POLICE. ANNEXURE B: TRUE COPY OF THE DEPOSITION OF THE 2ND RESPONDENT AS PW1 IN SC 1183/2008. ANNEXURE C: TRUE COPY OF THE JUDGMENT DT.1-1-2010 IN SC 1183/2008 OF THE ADDL.DISTRICT AND SESSIONS JUDGE FAST TRACK COURT NO.I,THRISSUR. ANNEXURE D: TRUE COPY OF THE AFFIDAVIT EVIDENCING THE FACT SWORN TO BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL ------------------------------ / TRUE COPY / P.A TO JUDGE VK N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4430 of 2011 ---------------------------------------------------- Dated this the 22nd day of December, 2011 Order The petitioner was the third accused in SC No.1183 of 2008 on the file of Additional Sessions Judge, Fast Track Court-I, Thrissur. The offences alleged against the accused were under Sections 341, 323, 324 and 307 r/w 34 IPC. After trial, A1 and A2 were acquitted by the learned Sessions Judge. It is submitted by the learned counsel for the petitioner that P.W.1, the injured/defacto complainant (2nd respondent herein) and the other witness did not support the prosecution as the parties had settled the matter out of court. A3 was absconding and hence his case was spilt up and it is now pending before the Additional Sessions Judge, Fast Track Court-I, Thrissur as L.P.No.29 of 2010. The injured/defacto complainant is represented in this court by his counsel. Annexure D affidavit has been filed by the 2nd respondent to the effect that the matter has been settled and that he has no further grievance against the petitioner. In the light of the verdict of acquittal in faour of the other two accused Crl.M.C.4430/2011 2 and the factum of settlement reported, this Crl.M.C. is allowed. Further proceedings in L.P.No.29 of 2010 on the file of Additional Sessions Judge, Fast Track Court-I, Thrissur arising from SC No.1183 of 2008 on the file of Additional Sessions Judge, Fast Track Court-I, Thrissur is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4430/2011 3