IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Crl.MC.No. 4035 of 2011() ------------------------------- SC.257/2011 of ADDL.ASSISTANT SESSIONS COURT, PARAVUR CRIME NO.278/2010 OF VADAKKEKARA POLICE STATION .................... PETITIONER(S): 2ND ACCUSED ------------------------------------- UNNIKRISHNAN, S/O. BALAKRISHNAN, MAKKAPARAMBIL, KUNJITHAL, VADAKKEKARA VILLAGE. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): DEFACTO COMPLAINANT CW 1 AND CW2 --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, RERPESENTING THE SUB INSPECTOR OF POLICE, POLICE STATION, VADAKKEKARA, PIN - 683 552. 2. RANJITH, S/O. BHASI, AGED 27, ANTHIKADU VEETIL, KUNJITHAL, VADAKKEKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT - 683 513. 3. MADHU,S/O. NARAYANAN, AGED 32 YEARS, KANAKKAPARAMBIL, KUNJITHAL, VADAKKEKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT - 683 513. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2,3 BY ADV. SRI.LUIZ GODWIN D'COUTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 4035/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-A-COPY OF THE FINAL REPORT IN CRIME NO. 278 OF 2010 DATED 28/07/2010 ANNEXURE-B-COPY OF THE 161 STATEMENT OF CW 1 IN THE CRIME DATED 16/04/2010 ANNEXURE-C-COPY OF THE 161 STATEMENT OF CW2 IN CRIME DATED 17/04/2010 ANNEXURE-D-COPY OF THE WOUND CERTIFICATE OF CW 1 IN THE CRIME DATED 15/04/2010 ANNEXURE-E-COPY OF THE WOUND CERTIFICATE OF CW 2 IN THE CRIME DATED 15/04/2010 ANNEXURE-F-COPY OF THE AFFIDAVIT SWORN BY THE DE FACTO COMPLAINT DATED 14/11/2011 ANNEXURE-G-COPY OF THE AFFIDAVIT SWORN BY CW2 IN THE CRIME DATED 14/11/2011 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4035 of 2011 ----------------------------------- Dated this the 25th day of November 2011 O R D E R Petitioner is the 2nd accused in S.C.No.257/2011 pending on the file of Addl. Assistant Sessions Court, North Paravur. There were altogether seven accused. Some of the accused were reported to be absconding. The offences alleged against them are under Secs.143, 147, 323, 324, 326 and 308 r/w 149 IPC. CWs.1 and 2 are the injured persons. Out of them, the injured – Madhu had sustained fracture on his nasal bone. It was alleged that injured persons were beaten with stick and stone also. The injured persons, respondents 2 and 3 in this case are represented by their counsel. Separate affidavits have been filed by them stating that they have no grievance against this petitioner and that the dispute between R2 and R3 and the petitioner herein has already been settled. The dispute is seen to be purely personal in nature. Crl.M.C. No.4035 of 2011 -: 2 :- In the light of the settlement arrived at, this Crl.M.C. is allowed. The proceedings as against this petitioner (2nd accused) in S.C.No.257/2011 pending on the file of Addl. Assistant Sessions Court, North Paravur is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt