IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Crl.MC.No. 3620 of 2011(B) ------------------------- CC.269/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED NO.S 1 TO 5 ---------------------------------- 1. JABBAR @ ABDUL JABBAR.K,AGED 26 YEARS, S/O.ABOOBACKER.B.P,R/AT KOVVAL HOUSE, P.O.EDACHAKAI-671310,UDINOOR VILLAGE, HOSDURG TALUK,KASARAGOD DISTRICT. 2. AFSAL.T,AGED 24 YEARS,S/O.A.G.ABDULLA, A.G.T.HOUSE,UDINOOR VILLAGE,P.O.EDACHAKAI-671310, HOSDURG TALUK,KASARAGOD DISTRICT. 3. MUHAMMED NAHEEM.P,AGED 20 YEARS, S/O.ABDUL KADER,SUHARABAI MANZIL,P.O.EDACHAKAI- 671310,UDINOOR VILLAGE,HOSDURG TALUK, KASARAGOD DISTRICT. 4. ABDUL KADER.K.K,AGED 22 YEARS, S/O.M.C.IBRAHIM,M.C.I.HOUSE,P.O.EDACHAKAI-671310, UDINOOR VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. 5. K.K.SHABEER,AGED 22 YEARS, S/O.ABDUL RAHIMAN,SUMAYYA MANZIL,P.O.EDACHAKAI-671 310,UDINOOR VILLAGE,HOSDURG TALUK, KASARAGOD. BY ADV. SRI.K.P.HARISH RESPONDENT(S): CW NO.1 IE.DEFACTO COMPLAINANT AND STATE ------------------------------------------------------- 1. JAMEESH.G.S,AGED 19 YEARS, S/O.MAJEED.G.S,NEAR PADNE PANCHAYATH,PADNE P.O.- 671312,PADNE VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. 2. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682031 *ADDL.R3 IMPLEADED *3. JASEER G.S., AGED 23 YEARS, S/O MAJEED G.S., PADNE THEKKEPURAM, Crl.MC.No. 3620 of 2011(B) NEAR PADNE PANCHAYATH OFFICE, PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. *IMPLEADED AS PER ORDER IN Crl.M.A. 7280/2011 DATED 28.10.2011. ADV. SRI.M.S.BREEZ FOR R1 SRI.M.S.BREEZ FOR ADDL.R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3620 of 2011(B) APPENDIX: PETITIONERS' ANNEXURES: ANNEXURE A1: A TRUE COPY OF THE FIR DATED 14.12.2009 IN CRIME No.495 OF 2009 OF CHANDERA POLICE STATION. ANNEXURE AII: A TURE COPY OF THE CHARGE SHEET IN CRIME No.495 OF 2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG. ANNEXURE AIII: THE ORIGINAL AGREEMENT DATED 24.09.2011 EXECUTED BETWEEN THE 1ST RESPONDENT AND THE PETITIONERS. ANNEXURE AIV: THE AFFIDAVIT DATED 23.09.2011 OF THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES: ANNEXURE R3(a): THE AFFIDAVIT DATED 24.10.2011 SIGNED BY CW2 JASEER G.S. BEFORE AN ADVOCATE. TRUE COPY P.A. TO JUDGE. N.K. BALAKRISHNAN, J --------------------------------------- Crl.M.C.No. 3620of 2011 . ------------------------------------- Dated this the 28th October, 2011. ORDER The other injured (CW2) is reported to have been impleaded. The Registry will carry out the amendment. Affidavit has been filed by CW1 and CW2 to the effect that the matter has been settled out of Court and that they have no further grievance in the matter. Offences alleged against the accused are under Sections 143, 147, 148, 451, 427, 323, 324 and 506(i) r/w 149 IPC. Since parties have settled the matter it is just and proper that further proceedings in C.C.269/2010 on the file of the Judicial First Magistrate Court I, Hosdurg is quashed. In the result this petition is allowed. Further proceedings in C.C.269/2010 on the file of the Judicial First Magistrate Court I, Hosdurg is quashed. N.K. BALAKRISHNAN, (Judge) Kp/-