IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Crl.MC.No. 3686 of 2011() ------------------------------ CP.46/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED ------------------------------- 1. FAROOQ, AGED 28 YEARS, S/O.ABDUL JABBAR,THOTTUNGAL HOUSE, MAVINCHUVADU BHAGOM, MANJALI KARA, KARUMALOOR VILLAGE, MANNOM PO, ERNAKULAM DISTRICT, PIN 683520. 2. JABBAR, AGED 34 YEARS, S/O.HYDROSE, MANANCHERRY HOUSE, KUNNUMPURAM BHAGOM, MANJALI KARA, KARUMALLOOR VILLAGE, MANNOM PO, ERNAKULAM DISTRICT, PIN 683 520. 3. RAJEEB, AGED 35 YEARS, S/O.ALI,PUNNILETH HOUSE, KUNNUMPURAM BHAGOM,MANJALI KARA, KARUMALLOOR VILLAGE,MANNOM P.O., ERNAKULAM DSITRICT, PIN 683 520. 4. RIYAZ, AGED 24 YEARS, S/O.MUHAMMED KASIM VALIYA VEETTIL, KOCHUKUNNUMPURAM, MANJALI KARA, KARUMALLOOR VILLAGE, MANNOM P.O., ERNAKULAM DISTRICT, PIN 683 520. BY ADVS. SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) RESPONDENT(S): RESPONDENT & DEFACTO COMPLAINANT-CW1. ---------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RASHEED, AGED 32 YEARS, S/O.SALAM,RESIDING AT MADAYIPPARAMBIL HOUSE,MAAVINCHUVADU BHAGOM, MAANJALIKKARA, KARUMALLOOR VILLAGE, MANNOM P.O., ERNAKULAM DISTRICT, PIN 683 520. R1 BY PUBLIC PROSECUTOR SMT.S. HYMA R2 BY ADV. SRI.M.REVIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3686/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE FINAL REPORT IN CRIME NO.40/2010 ALUVA WEST POLICE STATION. ANNEXURE A2:THE AFFIDAVIT DATED 23/05/2011 SWORN BY THE 2ND RESPONDENT HEREIN. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3686 of 2011 ----------------------------------- Dated this the 28th day of October 2011 O R D E R Petitioners are the accused in Crime No.40/2010 of Aluva West Police Station. It is now pending before J.F.C.M.-I, Aluva as C.P.No.46/2010. The offence alleged against the accused is under Sec.308 r/w 34 IPC. The de facto complainant is the 2nd respondent herein, who is represented in this Court by his counsel. The learned counsel appearing for both sides submitted that the parties have settled the matter out of court. Affidavit has been filed by the 2nd respondent to the effect that the matter has been amicably settled between the parties out of court. In the light of the settlement arrived at, this Crl.M.C. is allowed. Further proceeding in C.P.No.46/2010 (Crime No.40/2010 of Aluva West Police Station) on the file of J.F.C.M.-I, Aluva is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt