IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Crl.MC.No. 1832 of 2011() -------------------------------------- (CC.NO.27632004 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM) .......................... PETITIONER(S): A1 TO A6: --------------------------------------- 1. ASHRAF, AGED 33 YEARS, S/O. MUHAMMED HANEEFA, PATTALATHU PARAMBIL, MALIACKAL HOUSE, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT. 2. GEORGE NICKSON, AGED 26 YEARS, S/O. XAVIER, KOTTAYIL HOUSE, PUITHANPADATH, KONTHURUTHY KARA, ERNAKULAM DISTRICT. 3. FAISAL, AGED 27 YEARS,S/O. ABDUL JABBAR, SERVANTS QUARTERS OWNED BY COMMANDENT SUJA SIGH, KATTARI BAGH, KOCHI NAVAL BASE, ERNAKULAM DISTRICT. 4. PREMKUMAR @ PREMON, AGED 28 YEARS, S/O. SASI, NIKARTHIL HOUSE, VATHURUTHY DESOM, RAMESWARAM VILLAGE,ERNAKULAM DISTRICT. 5. JOMON, AGED 29 YEARS,S/O. JOY, KALARIKKAL HOUSE, VATHURUTHY DESOM, RAMESWARAM VILLAGE, ERNAKULAM DISTRICT. 6. ANEESH, AGED 28 YEARS, MALIYECKAL HOUSE, VATHURUTHY DESOM, RAMESWARAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR Kss ..2/- ..2... CRMC.NO.1832/2011 RESPONDENT(S): STATE AND CW1 & CW2: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PANANGADU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUHAMMED, AGED 59 YEARS, S/O. ADIMA, POTTATH HOUSE, CHAKKALAPADAM, NEAR DHANYA THEATRE, MARADU.P.O., PIN-682 304, NETTOOR, ERNAKULAM DISTRICT. 3. SHAHEERA, AGED 48 YEARS, W/O. MUHAMMED, POTTATH HOUSE, CHAKKALAPADAM, NEAR DHANYA THEATRE, MARADU.P.O., PIN-682304, NETTOOR, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.V.MANU R2 & R3 BY ADV. SRI.P.LIJO THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1832/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A.: FINAL REPORT IN CRIME NO.295/2003 OF PANANGADU POLICE STATION NOW PENDING AS CC NO.2763/2004 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KANJIRAPALLY. ANNEX.B: NOTARIZED AFFIDAVIT SWORN BY THE RESPONDENT NO.2/CW1. ANNEX.C: NOTARIZED AFFIDAVIT SWORN BY THE RESPONDENT NO.3/CW2. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1832 of 2011 ==================================== Dated this the 23rd day of June, 2011 O R D E R Petitioners are accused 1 to 6 in Crime No.295 of 2003 of Panangad Police Station and C.C. No.2763 of 2004 of the court of learned Additional Chief Judicial Magistrate, Ernakulam for offences punishable under Sections 143, 147, 148, 447, 323 and 324 read with Section 149 of the Indian Penal Code. Petitioners claimed to have settled the dispute with second respondent and request to quash proceeding against them. I have heard learned counsel for petitioners, second respondent and learned Public Prosecutor. Counsel on both sides confirmed the settlement. Leaned counsel for respondents 2 and 3 also confirmed authenticity and genuineness of Annexures-B & C affidavits sworn by respondents 2 and 3 and attested by a Notary Public. In the said affidavits it is stated that the dispute is settled. Having regard to the nature of offences, composition made and the fact that there is no possibility of prosecution having a successful culmination I am inclined to allow the request. Resultantly, Criminal Miscellaneous Case is allowed. CRL.M.C. No.1832 of 2011 -: 2 :- Annexure-A, final report in Crime No.295 of 2003 of Panangad Police Station, cognizance taken thereon and proceeding against petitioners in C.C. No.2763 of 2004 of the court of learned Additional Chief Judicial Magistrate, Ernakulam are quashed. THOMAS P. JOSEPH, JUDGE. vsv