IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.MC.No. 1811 of 2011() ------------------------------- CC.181/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II (FOREST OFFENCES), MANJERI .................... PETITIONER(S): ACCUSED ------------------------------- 1. AJEESH,S/O.ANANDAPADMANABHAN,CHELATTU HOUSE,VILAYIL AMSOM,KANAKKAZHI,MALAPPURAM DIST. 2. P.VINOD,S/O.VELAYUDHAN,AISWARYA HOUSE, MELANGATTU PARAMBU,KAITHAKUNDU,CHERUKAVU, MALAPPURAM DISTRICT. 3. VINAYAN,S/O.KUMARAN NAIR,VALIYATHOTTIYIL HOUSE,MUTHUVALLUR,NEERADU,MALAPPURAM DISTRICT. BY ADVS SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE & DEFACTO COMPLAINANT AND INJURED ----------------------------------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,KONDOTTY POLICE STATION- THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM,KOCHI-680031. 2. PRADEEP KUMAR PALOLI,S/O.CHANCHU PALOLI, PALOLI HOUSE,KOZHAKKOTTUR.P.O,AREACODE, MALAPPURAM DISTRICT,PIN-673639. 3. BINDU.C,W/O.PRADEEP KUMAR,CHAKKALAKKAL HOUSE,KEEZHUPARAMBA,THRIKKALAYUR AMSOM, ERNAD TALUK,MALAPPURAM DISTRICT,PIN-676121. R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA R2 & R3 BY ADV. SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.1811/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE CHARGE IN CRIME NO.483/2007 OF THE KONDOTTY POLICE STATION. ANNEXURE B:COPY OF THE DEPOSITION OF PW2-3RD RESPONDENT IN C.C. NO.181/2009. ANNEXURE C:COPY OF THE AFFIDAVIT DATED 08/04/2011 OF THE 2ND RESPONDENT, ATTESTED BY A NOTARY PUBLIC ANNEXURE D:COPY OF THE AFFIDAVIT DATED 30/12/2010 OF THE 3RD RESPONDENT, ATTESTED BY A NOTARY PUBLIC RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1811 of 2011 -------------------------------------- Dated this the 22nd day of June, 2011. ORDER Petitioners are the accused in Crime No.483 of 2007 of Kondotty Police Station and C.C.No.181 of 2009 of the court of learned Judicial First Class Magistrate-II (Forest Offences), Manjeri for offences punishable under Sections 294(b) and 354 read with Section 34 of the Indian Penal Code. Case was registered on the complaint of third respondent. Second respondent is also one of the affected parties. Trial before the learned Magistrate has commenced. At that stage parties settled the case and have requested this Court to quash proceeding. I have heard learned counsel for petitioners, respondents 2 and 3 and the learned Public Prosecutor. 2. It is seen from Annexure-B, copy of deposition of third respondent when examined as PW2 that she claimed that she could not identify the assailants. She also claimed that she had not mentioned the name of any of petitioners to the Police. Annexures-C and D are affidavits of respondents 2 and 3 attested by a Notary Public where it is stated that the matter is settled with petitioners. Since the dispute is settled between petitioners and respondents 2 and 3 I am inclined to allow the request. Crl.MC.1811/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Proceeding against petitioners in C.C.No.181 of 2009 of the court of learned Judicial First Class Magistrate-II (Forest Offences), Manjeri is quashed. THOMAS P.JOSEPH, Judge. cks