IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 4158 of 2011() ------------------------- CC.61/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): PETITIONER ------------------------- SHIBU, S/O. HUSSAIN, SHEEJA MANZIL, ELAMPAZHANNOOR MURI, KADAKKAL VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADVS. SRI.K.V.ANIL KUMAR SRI.AJITH MURALI RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. ALIYARUKUNJU, S/O. ABDULL KHARIM, P.V.HOUSE, ELAMPAZHANNOOR MURI, KADAKKAL VILLAGE, KAOTTARAKARA TALUK, KOLLAM DISTRICT R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 BY ADV. SRI.L.Y.SANGEETH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4158 of 2011() APPENDIX PETITIONERS ANNEXURES: ANNEXURE A1: A TRUE COPY OF THE CHARGE SHEET IN CRIME NO.430/99 OF KADAKKAL POLICE STATION. ANNEXURE A2: A TRUE COPY OF THE PETITION DATED 16-9- 2003 IN CC 431/2002. ANNEXURE A3: TRUE COPY OF THE DEPOSITION OF THE 2ND RESPONDENT PW1 IN CC431/02. ANNEXURE.A4: TRUE COPY OF THE DEPOSITION OF THE PWS2 & 3 IN CC.431/2002 ANNEXURE.A5: A TRUE COPY OF THE JUDGMENT DATED 29.01.2004 IN CC431/2002 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRTE COURT II, KOTTARAKARA. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4158 OF 2011 ( ) ------------------------------------------ Dated this the 8th day of December, 2011 O R D E R The petitioner is the 4th accused in C.C. No:431/2002. He and 3 other accused stood charged for offences under sections 447, 427, 295-A and 278 r/w 34 IPC. A1 to A3 therein, faced trial and they were acquitted by the learned Magistrate. The case against this petitioner was split up and it was refilled as C.C. No:61/2008. 2. It is pointed out that during the pendency of that case the defacto complainant and accused had settled the entire matter. The defacto complainant who is the 2nd respondent is represented in this Court by his counsel. Both sides submit that dispute among the committee members which led to the filing of the complaint has been settled. Though offence under section 295-A may not be a dispute purely personal in nature, still as the accused in the main case were acquitted, and as the witness (the 2nd Crl. M.C. No: 4158 OF 2011 ( ) -2- respondent) did not support the prosecution, I think no purpose will be served by putting the accused to trial. R2 has filed affidavit that he has no further grievance in the matter and that the proceedings against the petitioner can be quashed. 3. Hence this petition is allowed. Proceedings in C.C. No:61/2008 of Judicial First Class Magistrate Court-II, Kottarakara, will stand quashed. N.K. BALAKRISHNAN, JUDGE jjj