IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Crl.MC.No. 3716 of 2011() ------------------------------------- CC.246/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... PETITIONER(S): ACCUSED 1 & 4 IN CRIME NO.101/2009 ------------------------------------------------------------------------------ 1. ABUTHAHIR @ THAHIR, AGED 26 YEARS, S/O.KABEER, KADUNGALAMVEEDU, THOLANUR, PALAKKAD. 2. AFSAR, AGED 26 YEARS, S/O.KASSIM, KARAKKODE VEEDU, THOLANUR, PALAKKAD. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): COMPLAINANT, DEFACTO COMPLAINANTS & INJURED ---------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTAYI POLICE STATION, PALAKKAD DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SASIKUMAR, S/O.APPU, AGED 42 YEARS, KALATHINGAL VEEDU, ERAMANGALAM, KUZHALMANNAM VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT- 678 541. 3. VINOD, S/O.KRISHNAN, AGED 37 YEARS, RANGIDI VEEDU, KALAPPARA, KUTHANUR, ALATHUR TALUK, PALAKKAD DISTRICT 678 541. R1 BY PUBLIC PROSECUTOR SMT.S.HYMA R2 & R3 BY ADV. SRI.K.N.CHATHUKUTTY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3716/2011 APPENDIX PETITIONER(S) ANNEXURES A1:-CERTIFIED COPY OF THE FIRST INFORMATION REPORT WITH FIRST INFORMATION STATEMENT IN CRIME NO.101/2009 OF KOTTAYI POLICE STATION. A2:- CERTIFIED COPY OF THE JUDGEMENT IN C.C.NO.246/2009 DATED 11/7/2011 OF THE JUDICIAL MAGISTRATE OF THE I CLASS, PALAKKAD. A3:-AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN SASIKUMAR, THE DEFACTO COMPLAINANT AND INJURED. A4:-AFFIDAVIT SWORN BY VINOD. RESPONDENTS' ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3716 of 2011 ----------------------------------- Dated this the 2nd day of November 2011 O R D E R Petitioners are accused Nos.1 and 4 in Crime No.101/2009 of Kottayi Police Station. They are the two accused in C.C.No.311/2011, which is now pending before J.F.C.M.-I, Palakkad. The offences alleged against them are punishable under Secs.143, 147, 341 and 323 r/w 149 IPC. CWs.1 and 2 are the persons injured/aggrieved. They are represented in this Court by their counsel. It is submitted that parties have settled the matter out of court. Affidavits of CWs.1 and 2 have been filed. Since the dispute is purely personal in nature, this Crl.M.C. is allowed. Further proceeding in C.C.No.311/2011 on the file of J.F.C.M.-I, Palakkad is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt