IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Crl.MC.No. 4091 of 2011 ---------------------------------- [CRL.M.P.NO.2426/2010 OF SESSIONS COURT, ALAPPUZHA, CC.NO.130/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA, CRIME NO.567/2010 OF THE ALAPPUZHA SOUTH POLICE STATION] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. SHAMEER,AGED 28 YEARS,S/O.SALIM, SHEEMAN PURAYIDOM, ZACHARIA WARD, ALAPPUZHA. 2. JALAL,AGED 42 YEARS, S/O.HASSAN,THOTTUNKAL PURAYIDOM,ZACHARIA WARD, ALAPPUZHA. BY ADVS. SRI.E.RAFEEK, SRI.GOKUL DAS V.V.H. RESPONDENTS/DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. SALIM,AGED 53 YEARS, S/O.ABDUL KHADER,N.M KAMPIVALAPPU, LAJNATH WARD, ALAPPUZHA- 688 001. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM- 682 031. R1 BY ADV. SRI. HUMERA MOHAMMED ALI, R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.4091/2011: APPENDIX PETITIONERS' ANNEXURES:- ANNEXURE I: CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.567/2010 OF THE ALAPPUZHA SOUTH POLICE STATION NOW PENDING AS CC NO.130/2011 ON THE FILE OF JFCM(1) COURT, ALAPPUZHA. ANNEXURE II: CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO.567/2010 OF ALAPPUZHA SOUTH POLICE STATION ANNEXURE III: AFFIDAVIT OF THE IST RESPONDENT SHOWING THAT HE HAS NO INTENTION TO PROSECUTE THE CASE ANNEXURE IV: COPY OF THE ANTICIPATORY BAIL ORDER IN CRL.MP NO.2426/2010 DATED 16/09/2010 BY THE SESSIONS COURT, ALAPPUZHA IN WHICH COMPROMISE OF THE MATTER WAS ALSO SHOWN. RESPONDENTS' ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4091 of 2011 ----------------------------------- Dated this the 30th day of November 2011 O R D E R Petitioners are the accused in C.C.No.130/2011 on the file of J.F.C.M.-I, Alappuzha. First respondent is the father of the first petitioner. The offences alleged against the accused are under Secs.294(b) and 326 r/w 34 IPC. The first respondent is represented in this Court by his counsel. It is stated that first respondent had contracted second marriage and now he is living separately. First petitioner happened to intervene when the first respondent was attacking his old grandmother and his wife. There ensued a scuffle in which the first respondent sustained injury. It is submitted by both sides that they have settled the matter and that first respondent has no more grievance against the petitioners. In view of the fact that the parties are near Crl.M.C. No.4091 of 2011 -: 2 :- relatives and in the light of the settlement arrived at, this Crl.M.C. is allowed. Further proceeding in C.C.No.130/2011 on the file of J.F.C.M.-I, Alappuzha is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt