IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Crl.MC.No. 3512 of 2011() ------------------------------ LPR.71/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER/ACCUSED NO.4 ---------------------------------- PRATHEESH, S/O.PRABHAKARAN, PORUMBATHPARAMBIL, MANAKULANGARA, KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT ----------------------------------- 1. SURESH, S/O.RAMAKRISHNAN, ALUKKATHARA HOUSE, CHERUKUNNU DESOM, KOZHIKODE VILLAGE,MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680 318. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.S.LATHEESH R2 BY BY PUBLIC PROSECUTOR SMT. R. REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3512/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE RELEVANT PAGES OF FIR AND CHARGE SHEET SUBMITTED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA IN CRIME NO.439/2004. ANNEXURE B:COPY OF THE AFFIDAVIT, DATED 28/09/2011, SWORN BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3512 of 2011 ---------------------------------------------------- Dated this the 17th day of October, 2011 Order The petitioner was the 4th accused in crime No.439/04 of Kodakara Police Station. The offences alleged against this petitioner and other accused were under Sections 448, 341 and 324 r/w 34 IPC. The other accused persons have faced trial. The other accused were acquitted by the learned Magistrate under Section 320(8) of the Cr.P.C. Since the case was compounded, the case against this petitioner was split up and was transferred to the Register of L.P.Cases and was numbered as LPR No.71/2008. 2. The learned counsel for the petitioner submits that the petitioner was abroad in connection with his employment and that was why he could not be present at the time when the case was earlier disposed of. The complainant/injured is represented in this court by his counsel. The complainant has filed an affidavit to the effect that the matter has been settled and so further proceedings may be dropped. In the light of the settlement Crl.M.C.3512/11 2 arrived at between the parties, this Crl.M.C. is allowed. The further proceedings in LPR No.71 of 2008 on the file of JFCM Court, Irinjalakuda is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3512/11 3