IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.MC.No. 3978 of 2011() ------------------------- SC.200/2011 of SESSIONS COURT, ERNAKULAM .................... PETITIONER(S)/COMPLAINANT(S): ------------------------------------------------- 1. MATHAI @ KUNJUMON, AGED 51 YEARS, NARANAGATHOTTATHIL HOUSE, PAZHAMTHOTTAM,AIKKARNADU NORTH, PIN-683565 2. LEELA W/O MATHAI, AGED 49 YEARS, NARANAGATHOTTATHIL HOUSE, PAZHAMTHOTTAM,AIKKARNADU NORTH, PIN-683565 BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S)/STATE AND ACCUSED: -------------------------------------------------------- 1. STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION, REP.THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. AYYAPPAN @ AYYAPPANKUTTY, AGED 42 CHITTILAPPARAMULATH HOUSE, PAZHAMTHOTTAM KARA, AIKKARANADU NORTH VILLAGE, ERNAKULAM DISTRICT PIN-683565 R1 BY PUBLIC PROSECUTOR SRI. N.SURESH R2 BY SMT.P.K.SANTHAMMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JV CRMC NO: 3978/2011 APPENDIX PETITIONER'S ANNEXURE(S): ANNEXURE 1. COPY OF THE CHARGE IN CRIME NO: 304 OF 2010 OF PUTEHNCRUZ POLICE STATION (S.C.NO: 200 OF 2011) OF THE COURT OF SESSIONS, ERNAKULAM RESPONDENT'S ANNEXURE(S): NIL /TRUE COPY/ P.A. TO JUDGE JV N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3978 of 2011 ----------------------------------- Dated this the 21st day of November 2011 O R D E R Petitioners are the accused in S.C.No.200/2011 pending on the file of Sessions Court, Ernakulam. The offences alleged against them are under Secs.3(1)(x) and 3(1)(v) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 506(i) r/w 34 IPC. The de facto complainant is stated to be a member of Scheduled Caste. It was stated that there was a dispute with regard to the user of a pathway. It was also stated that there was proceedings under Sec.133 of Cr.P.C. also, with regard to that pathway. There were two other connected criminal cases pending between the parties. Those two connected cases which were pending before the learned Magistrate (which are the subject matter of Crl.M.C.Nos.3901 and 3906 of 2011) have been allowed to be settled. Since the entire matter has been settled between the parties out of court and as this case also happened to be filed in Crl.M.C. No.3978 of 2011 -: 2 :- connection with the dispute over the pathway, it is just and proper that this case is also allowed to be settled, for otherwise, that would affect the cordial relationship between the parties. Hence, this Crl.M.C. is allowed. Further proceeding in S.C.No.200/2011 pending on the file of Sessions Court, Ernakulam is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt