IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.MC.No. 3413 of 2011() ------------------------------------- CP.26/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, PERAMBRA CRIME NO.77/2005 OF PERUVANNAMUZHI POLICE STATION, KOZHIKKODE. .................... PETITIONER/FIRST ACCUSED: -------------------------------------------- UDAYABHANU @ ANEESH, AGERD 30 YEARS S/O.K. HARIDAS, KAVALAPPARA, CHANGAROTH AMSOM DESOM, QUILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.DEVAPRASANTH. P.J. RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANTS: ----------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY S.I. OF POLICE, PERUVANNAMUZHI POLICE STATION, KOZHIKKODE DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031. 2. GIREESH ,AGED 32 S/O. CHANDRAN, KELOTHARAKUNNUMMAL HOUSE CHANGAROTH AMSOM DESOM, KOYILANDI TALUK KOZHIKKODE DISTRICT, PIN-673 305. 3. PRATHEESH CHANDRAN, AGED 31 S/O. CHANDRAN, KELOTHARAKUNNUMMAL HOUSE CHANGAROTH AMSOM DESOM, KOYILANDI TALUK KOZHIKKODE DISTRICT, PIN-673 305. 4. CHANDRAN, AGED 58, S/O. UNNI, KELOTHARAKUNNUMMAL HOUSE, CHANGAROTH AMSOM DESOM, KOYILANDI TALUK, KOZHIKKODE DISTRICT, PIN-673 305. 5. YASODHA, AGED 51 D/O.APPU, KELOTHARAKUNNUMMAL HOUSE CHANGAROTH AMSOM DESOM, KOYILANDI TALUK KOZHIKKODE DISTRICT, PIN-673 305. Crl.MC.No. 3413 of 2011 6. SHYJA, AGED 30 D/O.MUKUNDAN K.K, KELOTHARAKUNNUMMAL HOUSE CHANGAROTH AMSOM DESOM, KOYILANDI TALUK KOZHIKKODE DISTRICT, PIN-673 305. R1 BY PUBLIC PROSECUTOR MR.P.M. SANEER. R2 TO R6 BY ADV. SRI.ANWAR SADATH VADAKENGARA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3413 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I. COPY THE JUDGMENT DT. 16.6.2009 IN SC .584/2008 BY ADDL. DISTRICT SECESSIONS JUDGE, FAST TRACK ADHOC-1 KOZHIKODE. ANNEXURE II. COPY OF FIR BY THE PERUVANNAMUZHI POLICE. ANNEXURE III. COPY OF THE CHARGE SHEET IN CRIME NO.77/2005. ANNEXURE IV. COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT. ANNEXURE V. COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT. ANNEXURE VI. COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT. ANNEXURE VII. COPY OF THE AFFIDAVIT FILED BY THE 5TH RESPONDENT. ANNEXURE VIII. COPY OF THE AFFIDAVIT FILED BY THE 6TH RESPONDENT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3413 of 2011 ----------------------------------- Dated this the 13th day of October 2011 O R D E R Petitioner was the first accused in C.P.No.26/2008. The charge sheet was laid against the petitioner and other accused for offences punishable under Secs.448, 341, 323, 324 and 307 r/w 34 IPC. The case against other two accused was committed by the court of sessions. That case was tried as S.C.No.584/2008. Since the injured and all other eye witnesses did not support the prosecution, those two accused were acquitted by the learned Sessions Judge. 2. The learned counsel for the petitioner, who was the first accused would submit that he was away from the native place. The injured and all other accused have filed affidavit before this Court stating that they have no grievance against this petitioner also. Those witnesses are represented by their counsel in this Court. The learned Crl.M.C. No.3413 of 2011 -: 2 :- counsel appearing for both sides submitted that the parties have in fact settled the matter out of court and that they are neighbours and if the case is proceeded with it will affect their friendly relationship. I find that no purpose will be served by allowing the trial to be proceeded with. Since the dispute is seen to be purely personal, this Crl.M.C. is allowed. Further proceeding in C.P.No.26/2008 on the file of J.F.C.M-II, Perambra will stand quashed. N.K.BALAKRISHNAN, JUDGE. Jvt