IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Crl.MC.No. 2850 of 2011() ------------------------- CRIME NO. 292/2008 OF POOYAPPALLY POLICE STATION .................... PETITIONERS/ACCUSED NO.1 TO 7 & 10 TO 12. ----------------------------------------- 1. BICHU, S/O.SUDEVAN, VAIDYA MANDIRAM VEEDU, OYOOR, VELINALLOOR VILLAGE, KOLLAM DISTRICT. 2. AJAYARAJ,S/O.RAJANPILLAI, SHANTHI BHAVANAM VEEDU, OYOOR, VELINALLOOR VILLAGE KOLLAM DISTRICT. 3. DEEPU, AGED 29 YEARS, S/O.SUDEVAN, VAIDYA MANDIRAM, OYOOR, VELINALLOOR VILLAGE, KOLLAM DISTRICT. 4. MELOOTU THAMPI @ THAMPI, S/O.CHELLAPPAN PILLAI, AGED 35 YEARS, MELLOTU VEDDU, PARAYIL DESOM, OYOOR MURI, POOYAPPALLY VILLAGE, KOTTARAKARA. 5. VINEESH,S/O.VASUDEVAN PILLAI, KIZHAKKIN KARA, KIZHAKKATHIL VEEDU, OYOOR MURI,VELINALLOOR VILLAGE, KOTTARAKARA. 6. ANEESH, S/O.SASIDHARAN, KIDANGIL VEEDU, OYOOR, VELINALLOOR VILLAGE, KOLLAM DISTRICT. 7. SREEJITH, S/O.SASIDHARAN PILLAI, SREEJITH BHAVANAM, NETTAYAM MURI, VELINALLOOR VILLAGE, KOLLAM DISTRICT. 8. MANIKANDAN, S/O.NADARAJAN, PARAVILA VEEDU, NETTAYAM MURI,VELINALLOOR VILLAGE, KOLLAM DISTRICT. 9. BAIJU, S/O.GOPALAN, RADHAMANDIRAM VEEDU, AMBALAMKUNNU MURI, VELINALLOOR VILLAGE,KOLLAM DISTRICT. ...2/- Crl.MC.No. 2850 of 2011() -2- 10. UNNIKRISHNAN, S/O.KRISHNAPILLAI, KAIPPADA VEEDU,OYOOR,VELINALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS / STATE / COMPLAINANT : ----------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT. 3. MUHAMMED RAPHI, S/O.BASHEER, AGED 26 YEARS, VILAYIL VEEDU, MEEYANA MURI, VELINALLOOR VILLAGE, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA R3 BY ADV. SMT. BREJITHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/- Crl.MC.No. 2850 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - I : COPY OF THE CHARGE SHEET IN S.C. 906/09. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2850 of 2011 ----------------------------------- Dated this the 27th day of September 2011 O R D E R Petitioners are accused Nos.1 to 7 and 10 to 12 in Crime No.292/2008 of Pooyappally Police Station which is now pending before the Asst. Sessions Court, Kottarakara as S.C.No.906/2009. The offences alleged against petitioners are under Secs.143, 147, 148, 149, 323, 324, 326 and 308 of IPC. 2. The learned counsel for the petitioners submits that there was a counter case to this case which was pending before J.F.C.M.-II, Kottarakkara as C.C.No.2228/2008. The parties have settled the matter amicably out of court and pursuant to that settlement, the aforesaid case, C.C.No.2228/2008 was disposed of as settled between the parties. In view of the settlement arrived at and in the light of the fact that counter case has Crl.M.C. No.2850 of 2011 -: 2 :- already been disposed of, this petition is also to be allowed, as otherwise, it will cause injustice to the petitioners. 3. It is seen that the aggrieved persons have filed two statements, in the form of a compounding petition. They are represented by their advocates. Hence, considering all the aspects, this Crl.M.C. is allowed. Further proceeding in S.C.No.906/2009 on the file of Asst. Sessions Judge, Kottarakkara is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt