IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 3194 of 2011() ------------------------------ CC.1163/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS, PARAVOOR, KOLLAM DISTRICT .................... PETITIONER(S): SEVENTH ACCUSED ------------------------------------------ SADIQ, AGED 23 YEARS, SON OF ABDUL AZIZ, SADIQ MANZIL, CHALAKKARA MURI, PALLIMON VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): STATE AND DEFACTO COMPLAINANT ---------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAMSUDEEN, AGED 52 YEARS, SON OF ALIYARKUNJU, RESIDING AT KAITHERVILA PADINJATTATHIL VEEDU, MUTTAKKAVU, NEDUMAPA MURI, NEDUMPANA VILLAGE, KOLLAM DISTRICT-691580. R1 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA R2 BY ADV. SRI.JOHNSON GOMEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3194/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE CHARGE SHEET IN CRIME NO.76/2006 OF CHATHANNOOR POLICE STATION. ANNEXURE A2: COPY OF THE AFFIDAVIT DATED 30TH DAY OF JULY 2011 SWORN BY THE SECOND RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C No. 3194 of 2011 ---------------------------------------------------- Dated this the 4th day of October, 2011 ORDER The petitioner is the 7th accused. The charge against him and other accused was under Sections 143, 147,448, 341, 323, 324, 294(b) and 149 IPC. It is submitted that the other accused faced trial in CC No. 211/2006 and they were acquitted. The case against this petitioner was split up since he was at that time not available in the locality. CW1 and CW2 are the aggrieved persons. Out of them CW 2 is no more. Copy of the death certificate has been produced to prove that fact. CW1 is represented in this Court by his counsel. An affidavit has been filed by CW 1 stating that he has no grievance in the matter and that the matter was amicably settled. The other accused were already acquitted by the learned Magistrate. In view of the settlement arrived at further proceedings in CC No.1163/09 is quashed. Sd/- N.K. BALAKRISHNAN, JUDGE jma //true copy// P.A to Judge