IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Crl.MC.No. 4096 of 2011() ----------------------------------- CC.756/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT I, KASARAGOD. CRIME NO.786/2005 OF KASARAGOD POLICE STATION. .................... PETITIONER/ACCUSED NO.1 TO 5: ------------------------------------------------- 1. MANIKANDAN, S/O.MADHAVAN NAIR, KAINTHAR, PARAVANADUKKAM, CHEMNAD VILLAGE, KASARGOD TALUK, KASARAGOD DISTRICT. 2. PRAJITH, S/O.KUNHIRAMAN, KOTTARUVAM, PARAVANADUKKAM, CHEMNAD VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 3. GOPINATHAN. A., S/O.KUNHAMBU NAIR, THAYANNUR, PARAVANADUKKAM, CHEMNAD VILLAGE, KASARGOD TALUK, KASARAGOD DISTRICT. 4. SREEHARI, S/O.JANARDHANAN, THAYANNUR, PARAVANADUKKAM, CHEMNAD VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT. 5. GIREESH, S/O.THAMBAN NAIR, THAYANNUR, KOLIYAD, PARAVANADUKKAM, CHEMNAD VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. SRI.I.V.PRAMOD, SRI.B.VINOD. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHATHUKKUTTY NAIR. M., S/O.KRISHNAN NAIR, BENOOR, PERUMBALA, P.O. PERUMBALA, KASARAGOD. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. R2 BY ADV. MR.ANIL KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 4096 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NUMBER. 786/05 DATED 29/11/2005 OF KASARGOD POLICE STATION. ANNEXURE II: TRUE COPY OF THE JUDGMENT IN CC NO.1904/05 DATED 28/2/2007 OF THE J.F.C.M.I , KASARGOD. ANNEXURE III: TRUE COPY FO THE JUDGMENT IN CC NO.193/07 DATED 18/8/2008 OF THE J.F.C.M.I , KASARGOD. ANNEXURE IV: A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 16/11/11. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4096 of 2011 ----------------------------------- Dated this the 30th day of November 2011 O R D E R Petitioners were originally arrayed as A1, A3, A4, A5 and A8 in C.C.No.1904/2005. The offences alleged against them are under Secs. 143, 147 and 323 r/w 149 IPC. Other accused faced trial and they were acquitted by the learned Magistrate. Since these accused were absconding, the case against them was split up and refiled as C.C.No.756/2008 which is now pending on the file of J.F.C.M.-I, Kasaragod. The only injured in this case, who is the 2nd respondent herein is represented in this Court by his counsel. It is submitted by both sides that the parties have settled the matter out of court. Affidavit has been filed to that effect. Since the dispute is purely personal in nature and as the parties have settled the matter, this Crl.M.C. is allowed. Further proceeding in C.C.No.756/2008 on the file of J.F.C.M.-I, Kasaragod is quashed. N.K.BALAKRISHNAN, J UDGE. Jvt