IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 4134 of 2011 ---------------------------------- [C.P.NO.137/2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-III, PUNALUR, CRIME NO.28/2003 OF KUNNICODU POLICE STATION] .................... PETITIONER: ------------------- MUHASSIN, S/O.SULAIMAN KUNJU, KALLUVILA KIZHAKKETHIL VEEDU, AVANEESWARAM, VILAKUDY VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA). RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KUNNICODU POLICE STATION, KUNNICODU, (CRIME NO.28/2003) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 001. 2. SUDHEER, AGED 35, S/O.JAFARKUNJU, SHAJI MANZIL, NEAR SASTHRI JUNCTION, AVANEESWARAM, VILAKUDY VILLAGE, KOLLAM DISTRICT-691 001. 3. BINUL, AGED 35, S/O.GOPINATHAN ACHARI, RAGA BHAVAN, NEAR SASTHRI JUNCTION, AVANEESWARAM, VILAKUDY VILLAGE, KOLLAM DISTRICT-691 001. R1 BY PUBLIC PROSECUTOR SMT. S. HYMA. R2 BY ADV.SRI. ARUN RAJ. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 4134/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1- TRUE COPY OF THE FIR NO.28/2003 OF KUNNICODU POLICE STATION. ANNEXURE A2- TRUE COPY OF THE FINAL REPORT IN FIR NO.28/2003 KUNNICODU POLICE STATION. ANNEXURE A3- TRUE COPY OF THE JUDGMENT DT.23.6.2010 IN SC NO.287/2006 ON THE FILE OF ASSISTANT SESSIONS JUDGE, KOTTARAKKARA. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4134 of 2011 ------------------------------------ Dated this the 3rd day of December 2011 O R D E R Petitioner was the 3rd accused in S.C.No.287/2006 on the file of Assistant Sessions Judge, Kottarakara. There were altogether 5 accused in that case. The offences alleged against them are under Secs.143, 147, 148, 149, 324 and 308 IPC. As the petitioner (A3) was absconding, the case against him was split up. Other accused were acquitted by the trial court. It is pointed out that all the material witnesses therein did not support the prosecution. It is also pointed out that the parties have already settled the matter. PWs.1 and 2 are the injured persons therein. 2. PW1 - Sudheer and PW2 - Binul, who are respondents 2 and 3 in this case are represented in this Court by their counsel. It is submitted by both sides that case in Crime No.28/2003 of Kunnicodu Police Station and Crl.M.C. No.4134 of 2011 -: 2 :- case in Crime No.27/2003 of the very same police station arose at the same time and place and as such both cases were case and counter. Both cases were settled between the parties out of court and accordingly both cases tried before the court below, ended in acquittal. Since the petitioner herein was absconding, the case against him could not be disposed of. Now respondents 2 and 3 have filed affidavits stating that they have no more grievance in the matter and that the entire matter was settled out of court. Since the dispute is purely personal in nature and as the parties have settled the matter, this Crl.M.C. is allowed. Further proceeding in S.C.No.287/2006 on the file of Assistant Sessions Judge, Kottarakara is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt