IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Crl.MC.No. 3940 of 2011() --------------------------------- LP.108/2004 of JUDL. MAGISTRATE FIRST CLASS COURT, NILAMBUR CRIME NO. 267/1994 OF NILAMBUR POLICE SATION. ................................................ PETITIONER(S)/ ACCUSED : ------------------------------------- VELAKKODAN UMMER, S/O. RAYINKUTTY MANNUPADAM, AKAMPADAM, NILAMBUR, MALAPURAM DISTRICT. BY ADVS. SRI. BABU S. NAIR SMT. SMITHA BABU SRI. RAJESH P.A. RESPONDENT(S)/STATE & INJURED/ CWS 1 TO 5 : --------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI - 682 031. 2. KADEEJA @ KUNHEEMA, W/O. UMMER, CHAKKINGALTHODIKA HOUSE, MANNUPADAM, AKAMPADAM, NILAMBUR, MALAPPURAM DISTRICT - 679 329. 3. MUHAMMED, S/O. MAMMUTTY, KOZHIKODAN HOUSE, MANNUPADAM, AKAMPADAM, NILAMBUR, MALAPPURAM DISTRICT - 679 329. 4. AMINA, W/O. MUHAMMED, MUKKANAN HOUSE, MANNUPADAM, AKAMPADAM, NILAMBUR, MALAPPURAM DISTRICT - 679 329. 5. SUBRAMANIAN, S/O. VELAYUDHAN, VARIKATHUPARMBIL HOUSE, MANNUPADAM, AKAMPADAM, NILAMBUR, MALAPPURAM DISTRICT - 679 329. NS 2/- -2- CRL.M.C.NO. 3940/2011 6. LAKSHMI, W/O. VELAYUDHAN, KOTTEKKODAN HOUSE, MANNUPADAM, AKAMPADAM, NILAMBUR, MALAPPURAM DISTRICT - 679 329. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. R2 TO R6 BY ADV. SRI. RAVI KRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS CRL.M.C.NO.3940/2011 APPENDIX PETITIONER(S) ANNEXURES : ANNEXURE A : COPY OF THE CHARGE SHEET IN CRIME NO.267/1994 OF THE NILAMBUR POLICE STATION. ANNEXURE B : COPY OF NOTARIZED AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED, 9-11-2011. ANNEXURE C : COPY OF THE NOTARIZED AFFIDAVIT SWORN BY THE THIRD RESPONDENT DATED , 9.11.2011. ANNEXURE D : COPY OF THE NOTARIZED AFFIDAVIT SWORN BYTHE FOURTH RESPONDENT DATED,9-11-2011. ANNEXURE E : COPY OF THE NOTARIZED AFFIDAVIT SWORN TO BY THE FIFTH RESPONDENT DATED, 9-11-2011. ANNEXURE F : COPY OF THE NOTARIZED AFFIDAVIT SWORN BY THE SIXTH RESPONDENT DATED , 9-11-2011. RESPONDENT'S ANNEXURES : NIL / TRUE COPY / P.A. TO JUDGE NS N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3940 of 2011 ---------------------------------------------------- Dated this the 18th day of November, 2011 Order The petitioner is the accused in L.P.Case No.108 of 2004 on the file of JFCM Court, Nilambur. The incident occurred in the year 1994. The offences alleged against the accused and other accused were under Sections 447, 323 and 326 r/w 34 IPC. It is stated that the case against the other accused was already disposed of by the learned Magistrate and that those accused were acquitted. It is also submitted that the second accused who was stated to have inflicted grievous hurt by beating with a stick was among the accused who were already acquitted by the learned Magistrate. This petitioner was the first accused against whom the allegation is that he caused hurt by beating by his hand. All the injured persons who are C.Ws.1 to 5 are represented in this court by their counsel. All of them have filed separate affidavits stating that they have no grievance in the matter and that the entire matter has been settled. It is also submitted that all of them are residing in the very same locality. Crl.M.C.3940/2011 2 Since the dispute is purely personal and the parties have settled the dispute, this Crl.M.C. is allowed. Further proceedings in L.P.Case No.108 of 2004 on the file of JFCM Court, Nilambur is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3940/2011 3