IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Crl.MC.No. 2994 of 2011() ------------------------- LP.88/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA & FINAL REPORT IN CRIME NO.204/2002 OF KADAKKAL POLICE STATION. .................... PETITIONER(S): ACCUSED ---------------------- NAVAS, KUZHIYIL VEEDU, PANAKALAM JUNCTION, THRIKKOVILVATTOM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): DE-FACTO COMPLAINANT/STATE ----------------------------------------- 1. NIZAMUDEEN, S/O.SHAUKATH ALI, NEAR NIZAM MANZIL, S.M.HOSPITAL, KADAKKAL VILLAGE, KADAKKAL, KOLLAM DISTRICT. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN-682031. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2011, ALONG WITH CRMC NO. 3305 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2994 of 2011 APPENDIX PETITIONER'S EXHIBITS ANNEXURE A1: A COPY OF FINAL REPORT SUBMITTED BY THE 2ND RESPONDENT IN CRIME NO.204/2002 OF KADAKKAL POLICE STATION DT.30/11/2002. ANNEXURE A2: THE COPY OF DEATH CERTIFICATE ISSUED BY THE MINISTRY OF HEALTH, UNITED ARAB EMIRATES AND CONSULATE GENERAL OF INDIA REGARDING THE DEATH OF 3RD ACCUSED IN THE CIRME DATED 5/1/2011. RESPONDANT'S EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE ab N.K.BALAKRISHNAN, J. ------------------------------------------------ Crl.M.C.Nos.2994/2011 & 3305/2011 ------------------------------------------------- Dated this the 29th day of September, 2011 O R D E R The petitioner in Crl.M.C.No.2994/2011 is one of the accused in Crime No.204/2002 of Kadakkal Police Station. The offence against him and the 1st accused, who is now facing trial in S.C.No.1153/2008 before the Assistant Sessions Court, Kottarakkara, were alleged to have committed offence punishable under Section 364, 323, 427 read with Section 34 IPC. There was another accused by name Sri.Suresh Kumar. He is stated to be no more. The death certificate of Sri.Suresh Kumar is produced as Annexure 2. 2. Crl.M.C.No.3305/2011 is a petition filed by the accused who is facing trial in S.C.No.1153/2008 mentioned above. The defacto complainant in the aforesaid crime is the 1st respondent, who is represented by his counsel before this Court. An affidavit has been filed by the 1st respondent stating that the dispute has been settled between them amicably and that in the light of the settlement arrived at he does not intend to prosecute the case. 3. The allegation was that the defacto complainant was taken in a car by the petitioners mentioned above and the deceased Suresh Kumar and beat him and also caused loss of Rs.5,000/-. An affidavit has been filed by the defacto complainant in Crl.M.C.No.3305/2011. Since the dispute is purely personal in nature and in view of the settlement arrived at, I find that further proceedings may be quashed in the aforesaid cases, it is submitted by the counsel. In the result, both the Criminal Miscellaneous cases are allowed. Further proceedings in S.C.No.1153/2008 on the file of Assistant Sessions Court, Kottarakkara and further proceedings in L.P.No.88/2006 on the file of Judicial First Class Magistrate Court-II, Kottarakkara would stand quashed. N.K.BALAKRISHNAN Judge. ab