IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Crl.MC.No. 3931 of 2011 --------------------------------- CRIME NO.437/2003 OF ERNAKULAM TOWN NORTH POLICE STATION PETITIONER / ACCUSED : -------------------------------------- AHAMMED KABEER, S/O.KUNJU MOHAMMED, AGED 40 YEARS, CHITHAKKUDATH HOUSE, ULIYANNOOR P.O., KADUNGALLOOR VILLAGE, PARAVOOR TALUK, ERNAKULAM DIST. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS/COMPLAINANT : ------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HON' BLE HIGH COURT OF KERALA ERNAKULAM, REP.BY CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, ERNAKULAM DIST - 683 101. 2. VINOD K.K., S/O.KURUMBAN, AGED 34 YEARS, KANNAMKULATH HOUSE, ULIYANNUR P.O., KADUNGALLOR VILLAGE, ERNAKULAM DIST. PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN FOR R1 ADV. SRI.A.M.ABDULLA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- Crl.MC.No. 3931 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I : COPYOF THE FIR DATED 11.11.2011 IN CRIME NO.3214 OF 2011 OF ALUVA POLICE STATION. ANNEXURE-II : COPY OF THE AFFIDAVIT DATED 16.11.2011 SWEAR BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT. RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3931 of 2011 ----------------------------------- Dated this the 18th day of November 2011 O R D E R Petitioner is the sole accused in Crime No.3214/2011 of Aluva Police Station. The offences alleged against him are under Secs.323 and 308 IPC and also under Sec.3(1)(x) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. 2nd respondent herein is the de facto complainant. He is represented in this Court by his counsel. It is submitted by both sides that the incident took place in a bar hotel as they had consumed liquor. Petitioner is stated to be a close friend of the 2nd respondent. Both sides were stated to have sustained injuries also. It is submitted that the parties have settled the matter. Affidavit has been filed to that effect. In the light of the settlement arrived at and since the dispute is purely personal in nature, this Crl.M.C. is allowed. Further proceeding in Crime No.3214/2011 of Aluva Police Station is quashed. N.K.BALAKRISHNAN, J UDGE. Jvt