IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Crl.MC.No. 3478 of 2011() ------------------------- AGAINST LP 106/2005 IN CC.135/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM. .................... PETITIONER(S): ACCUSED ---------------------- SREEKANTAN NAIR, S/O. GOPINATHAN NAIR, PANAYIL VEEDU, NAMBIYARKULAM, VALIYAVEETUMURIYIL, PALLIPPURAM VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE, CW1 TO CW2 -------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, REPRESENTED BY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHANAVAS, S/O. ABOOBACKER, KIZHAKKUMPURATHU VEEDU, NAMBIARKULAM, VALIYAVEETUMURI, PALLIPPURAM VILLAGE, REPRESENTED BY HIS WIFE, NADEERA, D/O. AISHABEEVI, KIZHAKKUMPURATHU VEEDU, NAMBIARKULAM, VALIYAVEETUMURI, PALLIPPURAM VILLAGE,PIN-695 033. 3. NADEERA, D/O. AISHABEEVI, KIZHAKKUMPURATHU VEEDU, NAMBIARKULAM, VALIYAVEETUMURI, PALLIPPURAM VILLAGE,PIN-695 033. PUBLIC PROSECUTOR SMT.R.REMA FOR R1. ADV. SRI.V.S.THOSHIN FOR R2,R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SU CR.M.C.NO.3478/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A : COPY OF THE FINAL REPORT IN CR.NO.56/03 OF MANGALAPURAM POLICE STATION, NOW PENDING AS L.P.NO.106/05 (CC NO.135/05) ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE-II, ATTINGAL. ANNEXURE B : COPY OF THE JUDGMENT DTD.22.3.05 IN CC NO.399/03 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-II, ATTINGAL. ANNEXURE C : COPY OF THE CERTIFICATE ISSUED FROM THE OFFICE OF THE REGISTRAR OF BIRTHS AND DEATHS, ANDOORKONAM GRAMA PANCHAYAT. ANNEXURE D : THE AFFIDAVIT SIGNED BY THE 3RD RESPONDENT FOR HERSELF AND FOR AND ON BEHALF OF THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES: NIL. /TRUE COPY/ P.A. TO JUDGE SU N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3478 of 2011 ----------------------------------- Dated this the 12th day of October 2011 O R D E R Petitioner was the 4th accused in C.C.No.135/2005 of J.F.C.M.-II, Attingal. The other accused faced trial and they were acquitted by the learned Magistrate. Since this accused did not appear, the case against him was transferred to the register long pending cases and is now pending as L.P.No.106/2005 on the file of J.F.C.M.-II, Attingal. The offences alleged against this petitioner and other accused persons are under Secs.354, 427, 323 r/w 34 IPC. The first witness therein who was alleged to have been beaten by the accused subsequently died as evidenced by Annexure C, the Death Certificate. (The 2nd respondent shown in this petition was the person who died, as shown in Annexure C). The 3rd respondent is the only other aggrieved person. She has filed an affidavit to the effect Crl.M.C. No.3478 of 2011 -: 2 :- that she has no grievance against the petitioner herein and that the matter has already been settled and it is submitted that the proceeding in L.P.No.106/2005 may be quashed. The 3rd respondent is represented in this Court by her counsel. Affidavit has been filed regarding the settlement arrived at. In the light of the settlement arrived at, this Crl.M.C. is allowed. Further proceeding against this petitioner in L.P.No.106/2005 of J.F.C.M.-II, Attingal stands quashed. N.K.BALAKRISHNAN, JUDGE. Jvt