IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Crl.MC.No. 1885 of 2011() ------------------------ CRIME NO. 597/2001 OF VALAPATTANAM POLICE STATION, KANNUR ........................... PETITIONER / ACCUSED : ------------------------------------- PONNANKAI THAIKANDI HARIS, S/O.MOIDEEN, AGED 26 YEARS, RESIDING AT P.T. HOUSE, KANHIRATHARA, PUTHIYATHERU, P.O.CHIRAKKAL, KANNUR DISTRICT. BY ADV. SRI. P.U. SHAILAJAN RESPONDENTS / COMPLAINANT & DEFACTO-COMPLAINANT : ------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PONNANKAI THAIKANDI PATHIBI, W/O.RASHEED, THAIKANDI HOUSE, KANHIRATHARA, PUTHIYATHERU, P.O.CHIRAKKAL, KANNUR DISTRICT, PIN-670 011. R1 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA R2 BY ADV. SRI.C.A.ANOOP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1885 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - I : COPY OF THE CC NO. 355/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR IN CRIME NO. 597/2001 REGISTERED BY THE VALAPATTANAM POLICE STATION. ANNEXURE - II : ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 10.6.2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1885 of 2011 --------------------------------------- Dated this 30th day of June, 2011 ORDER Petitioner is second accused in Crime No. 597 of 2001 of Valapattanam Police Station and C.C.No.355 of 2010 of the Court of learned Judicial First Class Magistrate-II, Kannur for offences punishable under Secs.452, 323, 354, 506(ii) and 294(b) r/w Sec.34 of the Indian Penal Code. Case is that on 11.11.2001 at about 9.30p.m petitioner and the first accused trespassed into the house of second respondent and committed offences as alleged. First accused was acquitted and the case against petitioner was split up and refiled. Petitioner claims to have settled the dispute with the second respondent. I have heard learned counsel for petitioner, second respondent and learned Public Prosecutor. 2. Counsel on both sides confirmed the settlement. They have also confirmed authenticity and genuineness of Annexure-II, affidavit sworn by the second respondent. Learned Public Prosecutor after getting instruction has submitted that the parties have settled the dispute and that second respondent has given a signed statement to the police to that effect. Since the Crl.M.C.No.1885 of 2011 -: 2 :- dispute is personal to and between the parties, first accused is already acquitted and the dispute between petitioner and second respondent is settled, proceeding with the case is of no use. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Proceeding against petitioner/second accused in C.C.No.355 of 2010 (arising from Crime No.597 of 2001 of Valapattanam Police Station) of the Court of learned Judicial First Class Magistrate-II, Kannur is quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-