IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Crl.MC.No. 3923 of 2011() ------------------------- CC.738/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM .................... PETITIONER(S): ACCUSED ---------------------- 1. MUTHU, S/O. MALAYANDI, RESIDING AT UDUMBANCHOLA PANCHAYATH VIII/725, PARATHODU KARA, SINKARAKANDOM BHAGOM, PARATHODU VILLAGE,UDUMBANCHOLA TALUK,IDUKKI DIST. 2. JAYARAJ, S/O. MUTHU, HOUSE NO.II/224, VALLAVARAYANPETTI PANCHAYATH, VALLAVARAYANPETTI BHAGOM, UDUMAPALAYAM TALUK, THENI DISTRICT, TAMILNADU. 3. PANDY, S/O. VEERANNAN, RESIDING AT UDUMBANCHOLA PANCHAYATH VIII/725, PARATHODU KARA, SINKARAKANDOM BHAGOM, PARATHODU VILLAGE,UDUMBANCHOLA TALUK,IDUKKI DIST. 4. BHAIRAVAN, RESIDING AT UDUMBANCHOLA PANCHAYATH VIII/728, PARATHODUKARA, SINKARAKANDOM BHAGOM, PARATHODU VILLAGE,UDUMBANCHOLA TALUK,IDUKKI DIST. 5. MANIKANDAN, RESIDING AT UDUMBANCHOLA PANCHAYATH VIII/725, PARATHODU KARA, SINKARAKANDOM BHAGOM, PARATHODU VILLAGE,UDUMBANCHOLA TALUK,IDUKKI DIST. 6. SELVAM, S/O. MUTHAYYA, RESIDING AT ICRI QUARTERS, MYLADUMKARA KARA, PARATHODU VILLAGE IDUKKI DISTRICT. 7. MURUGAN, S/O. PANDY, RESIDING AT UDUMBANCHOLA PANCHAYATH VIII/909, PARATHODU KARA, SINKARAKANDOM BHAGOM, PARATHODU VILLAGE,UDUMBANCHOLA TALUK,IDUKKI DIST. BY ADVS. DR.PAULY MATHEW MURICKEN SRI.SAKIR.K.H. Crl.MC.No. 3923 of 2011 RESPONDENT(S): STATE -------------------- 1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, SANTHANPARA POLICE STATIN, IDUKKI DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MANTHAYYAN, S/O. SUNDARARAJ, SINKARAKANDOM BHAGOM, PARATHODU VILLAGE,UDUMBANCHOLA TALUK,IDUKKI DIST. PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3923 of 2011 APPENDIX PETITIONER(S) ANNEXURES: ANX.A1 A TRUE CERTIFIED COPY OF THE FIR IN CRIME NO. 165/06 OF SANTHANPARA POLICE STATION. ANX.A2 A TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.165/06 OF SANTHANPARA POLICE STATION. ANX.A3 A TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.166/06 OF SANTHANPARA POLICE STATION. ANX.A4 THE AFFIDAVIT DATED 11-05-2011 SWORN IN BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 3923 of 2011 ------------------------------------------ Dated this the 17th day of November, 2011 O R D E R Petitioners are the accused in CC.738/06 of JFCM, Nedumkandom. The offences alleged against them are under Sections 323, 324, 294b, and 506 (1) r/w 34 IPC. Second respondent is the de facto complainant. He is represented in this court by his counsel. There was a counter case which is pending on the file of JFCM, Nedumkandom. That case is also agreed to be settled. It is submitted that all the matters have been settled out of court. Affidavit of the second respondent is filed to that effect. The dispute is purely personal in nature. In the light of the settlement arrived at, this petition is allowed. Further proceedings in CC.738/06 of JFCM, Nedumkandom is quashed. N.K. BALAKRISHNAN, JUDGE. smvd