IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.MC.No. 3537 of 2011() ------------------------- CC.NOS.531/10 & 342/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED: ------------------------------------------ 1. K.T. JALEEL, AGED 32 YEARS, S/O USMAN, KOTTATHALAYAN HOUSE, PUTHIYANGADI P.O,KANNUR DISTRICT. 2. ELODATH FAIZAL, AGED 32 YEARS, S/O KUNHAMMAD HAJI, MADAYI, MUTTAM (P.O) KANNUR DISTRICT. 3. THARAMMAL SHABEER, AGED 34 YEARS, S/O AHAMMED KUNHI, PUTHIYANGADI P.O, KANNUR DISTRICT. 4. MAKKACHI ABDULLA, AGED 27 YEARS, S/O.MOIDEEN, PUTHIYANGADI P.O, KANNUR DIST. 5. KARICHAN VEETTIL HAKKIM, AGED 34 YEARS, S/O ABDU RAHIMAN, MADAYI, MUTTAM P.O, KANNUR DISTRICT. 6. KARICHAN VEETTIL ASHRAF, AGED 28 YEARS, S/O HAMSA MADAYI, MUTTAM P.O, KANNUR DIST. BY ADVS. SRI.ZUBAIR PULIKKOOL, SRI.P.S.BINU. Kss ..2/- ..2.... CRMC.NO.3537/2011 RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------ 1. PAITHALEN RAGHU, AGED 43 YEARS, S/O. KANNAN, PUTHIYA VALAPU, MADAYI, VENGARA P.O. 670 305, KANNUR DIST. 2. MAKUDIYAN UTHAMAN, AGED 44 YEARS, S/O. POKKAN, PUTHIYAVALAPPU, MADAYI, VENGARA P.O. KANNUR DIST - 670 305. 3. MINIYADAN SIJO, AGED 30 YEARS, S/O JAMES, PUTHIYAVALAPPU, MADAYI AMSOM, VENGARA P.O, KANNUR DIST - 670 305. 4. K.JOY, AGED 34 YEARS, S/O. PIYUSE,KOYON HOUSE,MADAYI, VENGARA P.O., KANNUR DIST - 670 305. 5. MINIYADAN JOSHI, AGED 29 YEARS, S/O. LOYISE, MADAYI, VENGARA P.O, KANNUR DIST - 670 305. 6. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 TO R5 BY ADV. SMT.P.A.ANEESHA R6 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3537/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF F.I.R. ANNEX.II: COPY OF FINAL REPORT. ANNEX.III: COPY OF THE JUDGMENT IN C.C.250/02. ANNEX.IV: COPY OF JUDGMENT IN CC.28/07. ANNEX.V: COPY OF THE SWORN AFFIDAVIT. ANNEX.VI: COPY OF THE SWRON AFFIDAVIT. ANNEX.VII: COPY OF THE SWORN AFFIDAVIT. ANNEX.VIII: COPY OF THE SWRON AFFIDAVIT. ANNEX.IV: COPY OF THE SWRON AFFIDAVIT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3537 of 2011 ---------------------------------------------------- Dated this the 18th day of October, 2011 Order The petitioners 1 to 5 are the accused in CC No.531 of 2010 of JFCM Court, Payyannur. The 6th petitioner is stated to be the accused in another case. That case cannot be clubbed with this case. The offences alleged against the petitioners are under Sections 143, 147, 343 and 325 read with 149 IPC. It is pointed out by the learned counsel for the petitioners that some of the other accused persons faced trial in CC No.250/2002 on the file of the same court and after trial they were acquitted by the learned Magistrate. In this case there were altogether five injured persons. All of them have filed affidavits, Annexures V to IX stating that the matter has been settled between the parties and that they have no grievance in the matter. Since the parties belonging to the same locality and have settled the matter, this Crl.M.C. can be allowed to the extent of quashing the further proceedings in CC No.531/2010. In the result, this Crl.M.C. is Crl.M.C.3537/2011 2 allowed. The further proceedings in CC No.531 of 2010 on the file of JFCM Court, Payyannur is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3537/2011 3