IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Crl.MC.No. 4170 of 2011() ------------------------- LP.28/2009 of PRL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER(S): --------------- PALAKANDY MOOSANTAVIDA ARSHAD S/O.BASHEER, KOONHIDATHIL HOUSE CHERUKALLAI, NEW MAHE. BY ADVS. SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENT(S): --------------- 1. P.V.SIMI, D/O.CHACKO VILAMANA VILLAGE, THALASSERI PIN 670 101. 2. RESHMI MARIA, D/O.JOY KUTTI VINCENT VILAMANA VILLAGE, THALASSERI PIN 670 101. 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, POIN 682 031. R1 & R2 BY ADV.SMT.ANEESHA P.A. R3 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4170 of 2011() APPENDIX PETITIONERS ANNEXURES ANNEXURE A:- THE TRUE COPY OF THE FINAL REPORT ANNEXURE B:- THE TRUE COPY OF THE JUDGMENT IN SC.597/02 ON THE FILE OF PRINCIPAL ASST. SESSIONS COURT THALASSERI. ANNEXURE C:_ THE TRUE COPY OF THE JUDGMENT IN SC.229/2010 ON THE FILE OF PRL.ASST SESSIONS COURT THALASSERI. ANNEXURE IV:- SWORN AFFIDAVIT OF IST RESPONDENT. ANNEXURE V:- SWORN AFFIDAVIT OF 2ND RESPONDENT. RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4170 OF 2011 ( ) ------------------------------------------ Dated this the 6th day of December, 2011 O R D E R The petitioner was the 3rd accused in Sessions Case No:597/2002 of Additional Sessions Court, Thalasseri. There were six accused persons. The other persons who faced trial were acquitted by the learned Sessions Judge as per Annexure 2 judgment. 2. The defacto complainant and the other aggrieved woman who are respondents 1 and 2 herein, are represented in this Court by their counsel. Both of them turned hostile when evidence was adduced in the main case, in view of the fact that the entire matter was settled out of court. The petitioner and another accused were absconding at that time. Hence, their case was split up. The case against these petitioners is now pending as L.P. No:28/2009 on the file of Principal Assistant Sessions Court, Thalasseri. Crl. M.C. No: 4170 OF 2011 ( ) -2- 3. Respondents 1 and 2, the aggrieved persons, who are represented in this Court, have filed separate affidavits stating that they have no grievance in the matter. The offence alleged against the accused was under section 511 of 366 r/w 34 IPC. The allegation was that the petitioner and other accused attempted to take respondents 1 and 2 in a Maruthi Car. Since the dispute has been settled out of Court, further proceedings in L.P. No: 28/2009 of Principal Assistant Sessions Court, Thalasseri, as against these petitioners will stand quashed. N.K. BALAKRISHNAN, JUDGE jjj