IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Crl.MC.No. 3504 of 2011() -------------------------------------- (CRIME NO.668/2011 OF POOYAPPALLY POLICE STATION,KOLLAM DISTRICT) ..... PETITIONER(S): FIRST ACCUSED: --------------------------------------------------- OMANAKUTTAN @ BIJU, AGED 40 YEARS, SON OF GOPALAKRISHNA PILLAI, RESIDINGA T VAISHAKAM VEEDU, ATTORKONAM, VELINALLOOR VILLAGE, KARINGANNOOR P.O., OYOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ, RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL SHERIF, AGED 49 YEARS, SON OF ABDUL JABBAR, CHARUVILA PUTHEN VEEDU, ATTORKONAM, VELINALLOOR VILLAGE, KARINGANNOOR P.O., OYOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT-691 510. R1 BY PUBLIC PROSECUTOR SMT.R. REMA R2 BY ADV.SRI.S.BIJU (KIZHAKKANELA). THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3504/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1- A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.668/2011 REGISTERED BY THE POOYAPPALLY POLICE STATION. ANNEXURE A2- A TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/SECOND RESPONDENT DATED 22/9/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3504 of 2011 ----------------------------------- Dated this the 14th day of October 2011 O R D E R Petitioner is the first accused in Crime No.668/2011 of Pooyappally Police Station, Kollam District. The crime was registered by the police based on the F.I.Statement given by the 2nd respondent alleging offences punishable under Secs.143, 147, 148, 341, 324 and 294(b) r/w 149 IPC. There is a counter case in which the petitioner herein is the de facto complainant. That is the subject matter of Crl.M.C.No. 3505/2011. It is submitted by the learned counsel appearing for both sides that the parties have settled the matter out of court. Affidavit of the de facto complainant has been filed stating the he has no complaint against any person and that further proceeding in the aforesaid crime can be quashed. Since it is a case and counter and as there has been an amicable settlement, it is Crl.M.C. No.3504 of 2011 -: 2 :- just and proper that this petition is allowed. In the result, this Crl.M.C. is allowed. Further proceeding in Crime No.668/2011 of Pooyappally Police Station is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt