IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Crl.MC.No. 4330 of 2011(A) ------------------------------------- SC. NO.97/2009, SC.NO. 790/2010, SC.NO. 151/2011 & SC.NO.555/2011 OF ASSISTANT SESSIONS COURT, VADAKARA LP.NO.73/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM ......................................................................................................................................... PETITIONERS / ACCUSED : -------------------------------------- 1. RASHID K.V., S/O. AMMAD, AGED 25 YEARS, KUNITHALANTAVIDA HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 2. MUHAMMED ALI P., S/O.MOIDU HAJI, AGED 25 YEARS, PADIKKOTH HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 3. YOUSAF, S/O.POCKER HAJI, AGED 23 YEARS, CHENOLI HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 4. ABDULLA, S/O.FAREED, AGED 23 YEARS, CHAMAYIL VATHUKKAL, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 5. RASHEED, S/O.AMMED HAJI, AGED 23 YEARS, KATTIL HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 6. JAMSHEER, S/O.MOIDU, AGED 23 YEARS, CHOYIMADATHIL HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 7. RASHID, S/O.ABDULLA HAJI, AGED 23 YEARS, CHEENDAYIL HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 8. AJNAS, S/O.SOOPPY, AGED 26 YEARS, NOTTAYIL THAZHAKUNI HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. DSV/- Crl.MC.No. 4330 of 2011(A) 9. ABBAS, S/O. KUNHABDULLA, AGED 23 YEARS, ANAPPARAKKAL HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. 10. ANWAR, S/O.MOIDU, AGED 23 YEARS, PANADATHAZHAKUNI HOUSE, THUNERI AMSOM MUDAVANTHERI DESOM, VADAKARA TALUK. BY ADVS. SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENTS / COMPLAINANTS: -------------------------------------------------- 1. SASI, S/O.SANKARAN, AGED 41, KULATHUPARAMBU HOUSE, THUNERI AMSOM, MUDAVANTHERI DESOM, VADAKARA TALUK - 673 101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. PUBLIC PROSECUTOR SMT. JASMINE FOR R2 ADV. SMT.P.A.ANEESHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- Crl.MC.No. 4330 of 2011(A) APPENDIX PETITIONERS' ANNEXURES: ANNEXURE I : COPY OF THE FINAL REPORT ANNEXURE II : COPY OF THE SWORN AFFIDAVIT BY 1ST RESPONDENT ANNEXURE III : COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT ANNEXURE IV : COPY OF THE VOTERS ID CARD OF THE 1ST RESPONDENT RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4330 of 2011 ---------------------------------------------------- Dated this the 21st day of December, 2011 Order The petitioners 1 to 6 and 8 to 10 are the accused in Crime No.545 of 2008 of Nadapuram Police Station. Now the case against those accused are pending as SC.97/09, SC.790/10, SC.151/11 and SC 555/11. It is stated that the 7th accused is absconding and his case is pending as LP 73/09. That case cannot be considered in this petition since he is still absconding and his case is included in the register of long pending cases. So far as the others are concerned, the learned counsel submits that the entire matter has been settled out of court between the parties. It is also submitted that the incident arose out of political clashes between two groups and that in order to maintain peace in the locality, the parties have agreed to settle the matter. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 326 and 308 r/w 149 IPC. The defacto complainant is the first respondent herein. He is represented in this court by his counsel. Annexure III is the affidavit filed by Crl.M.C.4330/2011 2 him. It is stated in the affidavit that the parties have settled the matter and that he has no further grievance against the petitioners mentioned above. Hence, this Crl.M.C. is allowed to the extent which pertains to petitioners 1 to 6 and 8 to 10. Further proceedings against them in the respective cases mentioned above will stand quashed. Prosecution against the accused in L.P.73/09 will proceed in accordance with law. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4330/2011 3