IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Crl.MC.No. 4404 of 2011() ------------------------- CRIME NO. 295/08 IN JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MANJERI .................... PETITIONER(S): ---------------------- 1. MUHAMMED, S/O. SOOPPY, AYYADATHIL, PARAKKADAVE, NADAPURAM, KOZHIKODE DISTRICT. 2. MOOSA, VALIYAPEEDIKAYIL, PARAKKADAVE, NADAPURAM, KOZHIKODE DISTRICT. BY ADV. SRI. K. VIDYASAGAR RESPONDENT(S): ------------------------- 1. SABIRA, D/O. MAMMED, MEKKILERY HOUSE, NADAPURAM AMSOM, KAKKUMVALLY, KOZHIKODE DISTRICT. 2. MAMMED, S/O. ABDULLA, MEKKILERY HOUSE, MADAPURAM AMSOM, KAKKUMVALLY, KOZHIKODE DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SMT. JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN Crl.MC.No. 4404 of 2011() APPENDIX PETITIONER'S EXHIBITS ANNEXURE 1 CERTIFIED COPY OF F I R IN CRIME NO. 295/2008. ANNEXURE 2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 295/2008. ANNEXURE 3 CERTIFIED COPY OF THE APPLICATION DTD. 04.03.11 AND DEPOSITION OF THE 1ST AND 2ND RESPONDENTS BEFORE THE J.F.C.M. COURT II, MANJERI. ANNEXURE 4 CERTIFIED COPY OF THE ORDER DATED 04.03.2011 OF THE J.F.C.M. COURT II, MANJERI. ANNEXURE 5 COPY OF THE JUDGMENT OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM DTD. 17.11.2008. ANNEXURE 6 COPY OF THE VAKALATH OF THE PETITIONERS FILED IN Crl.M.C. 3325/11 . RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4404 OF 2011 ------------------------------------------ Dated this the 21st day of December, 2011 O R D E R Petitioners are accused nos. 1 and 2 in C.C. No:123/2009 of Judicial First Class Magistrate-II, Manjeri. The offences alleged against them are under sections 341, 323 r/w 34 IPC. 2. The learned counsel for the petitioners would submit that altogether three aggrieved parties/injured persons were there, out of whom CW3 expired and so CWs 1 and 2, who are respondents 1 and 2 herein, alone are there to settle the matter. Affidavits have been filed by them stating that the matter has been settled and that they have no grievance in the matter. Crl. M.C. No: 4404 OF 2011 -2- 3. Hence, in the light of the settlement arrived at, proceedings against these petitioners in C.C. No: 123/2009 (renumbered as C.C.No:55/2011) of Judicial First Class Magistrate-II, Manjeri, will stand quashed. N.K. BALAKRISHNAN, JUDGE jjj