IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl.MC.No. 4292 of 2011() --------------------------------- (SC.518/2011PENDING BEFORE THE COURT OF THE ADDL.ASSISTANT SESSIONS JUDGE, IRINJALAKUDA) ......................... PETITIONER/ ACCUSED ----------------------------------- MUSTHAFA, S/O.ABDUL RAHMAN, PUTHIYAVEETTIL HOUSE, VALAPPADU VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.P.VIJAYA BHANU (SR) SRI.M.REVIKRISHNAN SRI.P.M.RAFIQ RESPONDENTS/ STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UNNIKRISHNAN, S/O.VALAPPAKUTTY, CHANADIKKAL HOUSE, VALAPPAD VILLAGE, THRISSUR DISTRICT. R1 BY SMT.JASMINE, PUBLIC PROSECUTOR R2 BY SMT.M.M.DEEPA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKM -2- Crl.MC.No. 4292 of 2011() APPENDIX PETITIONER'S ANNEXURES : ANNEXURE-A: COPY OF THE JUDGMENT IN S.C.73/2010 OF THE COURT OF THE ADDL.ASSISTANT SESSIONS JUDGE, IRINJALAKUDA, DATED 24.06.2011. ANNEXURE-B: COPY OF THE FINAL REPORT IN CRIME NO.255/2009 OF VALAPPAD POLICE STATION. ANNEXURE-C: THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT SIGNIFYING THE FACTUM OF SETTLEMENT OF THE DISPUTE BETWEEN HIMSELF AND THE PETITIONER HEREIN. RESPONDENTS' ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE RKM N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4292 of 2011 ------------------------------------------ Dated this the 15th day of December, 2011 ORDER Petitioner was the first accused in Sessions case No.73/10 of Additional Assistant Sessions Judge, Irinjalakkuda. There are altogether 4 accused. The offences alleged against them are under Sections 341, 324 and 308 r/w 34 IPC. Witnesses did not support the prosecution. Hence the other three accused who faced the trial were acquitted by the court. Since the petitioner/first accused was absconding, the case against him was split-up and refiled as SC No.518/11. De facto complainant is the second respondent. He is represented in this court by his counsel. It is submitted by both sides that the parties have settled the matter and that the Crl.M.C.No. 4292 of 2011 -: 2 :- second respondent has no grievance in the matter. In the light of the settlement arrived at, this petition is allowed. Further proceedings in Sessions case No.73/10 of Assistant Sessions Judge, Irinjalakkuda is quashed. N.K. BALAKRISHNAN, JUDGE. smvd