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. 4136 of 2011() ------------------------- CRIME NO.93/2005 OF CHERANELLOOR POLICE STATION , CC.1169/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONERS/DE-FACTO COMPLAINANTS ------------------------------------------------- 1. ANTONY RIJOY AGED 24 YEARS, S/O.P.J.GEORGE, PALLIKKA HOUSE, CHERANELLOOR VILLAGE, SOUTH CHITTOOR, ERNAKULAM DISTRICT. 2. RENU JOSEPH, AGED 25 YEARS,S/O.JOSEPH, AZHIKAKKATHU HOUSE, CHERANELLOOR VILLAGE, SOUTH CHITTOOR, ERNAKULAM DISTRICT. BY ADV. SRI.C.J.SOLOMAN RESPONDENTS/ACCUSED/COMPLAINANT/STATE ---------------------------------------------------------- 1. SHIBU ANTONY, AGED 40 YEARS, S/O.GEORGE, APPILLY HOUSE, CHERANELLOOR VILLAGE, SOUTH CHITTOOR, ERNAKULAM DISTRICT. 682034 2. JOM JOSEPH, PAGED 32 YEARS, S/O. JOSEPH, CHAYAKKODATHU HOUSE, CHERANELLOOR VILLAGE, SOUTH CHITTOOR , ERNAKULAM DISTRICT 682034 3. MADHU XAVIER, AGED 34 YEARS, S/O.ANTONY AZHIKAKKATHU HOUSE, CHERANELLOOR VILLAGE, SOUTH CHITTOOR, ERNAKULAM DISTRICT 682034 VK Crl.MC.No. 4136 of 2011() ------------------------------ 4. PATHROSE SAJI, AGED 33 YEARS, S/O. EASHIE, KUNNAPPALLI HOUSE,, CHERANELLOOR VILLAGE, SOUTH CHITTOOR, ERNAKULAM DISTRICT 682034 5. LIBIN STANLEY, AGED 24 YEARS, S/O.LASER STANLEY, KOLPURATHU HOUSE CHERANELLOOR VILLAGE, SOUTH CHITTOOR, ERNAKULAM DISTRICT 682034. 6. LINU STANLEY, AGED 27 YEARS, S/O.LASER STANLEY KOLPURATHU HOUSE, CHERANELLOOR VILLAGE, SOUTH CHITTOOR ERNAKULAM DISTRICT - 682034 7. DEEPU FRANCIS, AGED 25 YEARS, S/O.FRANCIS, CHAKKALAKKAL HOUSE, CHERANELLOOR VILLAGE, SOUTH CHITTOOR, ERNAKULAM DISTRICT 682034. 8. SUB INSEPCTOR OF POLICE, CHERANELLOOR POLICE STATION 682034. 9. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682034. R1 TO 7 BY ADV. SRI.R.KRISHNA KUMAR R8 TO 9 BY PUBLIC PROSECUTOR SMT.S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Crl.MC.No. 4136 of 2011() -------------------------------- APPENDIX ------------- PETITIONER(S) EXHIBITS -------------------------------- ANNEXURE A1: CERTIFIED COPY OF THE FIR DATED 29.8.2005. ANNEXURE A2: CERTIFIED COPY OF THE FINAL REPORT IN CRIME 93/2005 DATED 01.10.2005. ANNEXURE A3: CERTIFIED COPY OF MEMORANDUM OF EVIDENCE RESPONDENT'S EXHIBITS ; NIL ----------------------------- / TRUE COPY / P.A. TO JUDGE VK N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4136 of 2011 ----------------------------------- Dated this the 3rd day of December 2011 O R D E R Petitioners are the de facto complainant/injured in Crime No.93/2005 of Cheranelloor Police Station which is now pending before J.F.C.M.-II, Ernakulam as C.C.No.1169/2005. Respondents 1 to 7 are the accused therein. The charge sheet against the accused was laid alleging offences punishable under Secs.143, 147 and 323 r/w 149 IPC. CWs.1 and 2 are the only injured in that case. They have already deposed before the learned Magistrate that as the incident took place at night they could not identify the assailants. CWs.1 and 2, the petitioners herein have filed separate affidavits before this Court stating that they have no more grievance in the matter. Since they are the only injured and aggrieved persons and in the light of the settlement arrived at, it is just and proper that further Crl.M.C. No.4136 of 2011 -: 2 :- proceeding in C.C.No.1169/2005 is quashed. In the result, this Crl.M.C. is allowed. Further proceeding in C.C.No.1169/2005 on the file of J.F.C.M.-II, Ernakulam is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt