IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Crl.MC.No. 3725 of 2011() ------------------------------------- CC.352/2009 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CRIME NO.203/2007 OF AREACODE POLICE STATION. .................... PETITIONER/ACCUSED. ---------------------------------- MUHAMMED, S/O.MAMMEDKUTTY, CHELAPURAM HOUSE, KAVANOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR, SMT.SMITHA BABU. RESPONDENTS/STATE & DEFACTO COMPLAINANT. ---------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. MUHAMMED MUSTAFA, S/O.ALIKUTTY, MATTATHOOR HOUSE, CHELAPURAM, KAVANOOR, MALAPPURAM DISTRICT, PIN-673 644. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. R2 BY ADV. SRI.RAVIKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3725 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A. TRUE COPY OF THE CHARGE/FINAL REPORT IN CRIME NO.203/2007 OF THE AREACODE POLICE STATION. ANNEXURE B CERTIFIED COPY OF THE JUDGMENT DATED 30/10/2009 IN CC NO.307/2007 OF THE CJM, MANJERI. ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 28/10/2011. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3725 of 2011 ---------------------------------------------------- Dated this the 2nd day of November, 2011 Order The petitioner was the 5th accused in CC No.307 of 2007 on the file of CJM Court, Manjeri. The other accused persons faced trial and they were acquitted by the learned CJM. This accused was absconding. The case against him was split up and refiled as CC No.352 of 2009. The offences alleged against this petitioner and other accused were under Sections 143, 147, 341, 323 and 506(i) read with 149 IPC. The defacto complainant is the 2nd respondent herein. He is represented by his counsel. Counsel on both sides would submit that the matter was settled out of court and hence further proceedings may be quashed. Since the dispute is purely personal and the parties have settled the matter, this Crl.M.C. is allowed. Further proceedings in CC No.352 of 2009 on the file of CJM Court, Manjeri is quashed. N.K.BALAKRISHNAN, JUDGE. srd 2 3