Tintu@Vaishakh v. Visakh

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 --------------------------- CC 44/2012 OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. CRIME NO. 1033/2011 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. .........

PETITIONER(S)/ACCUSED NO.1 TO 5:

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1. TINTU@VAISHAKH, S/O.SREEKUMARAN, AGED 29 YEARS,TC 23/280, THUNDATHIL VEEDU, MYLADIKADAVU PALAM (NEAR), VALIYASALA, VALIYASALA WARD, THYCADU VILLAGE, THIRUVANANTHAPURAM DISTRICT.

2. VAISAKH, S/O.RATHIKUMAR, AGED 27 YEARS, TC 23/63, NANDAVANAM STREET, VALIYASALA, VALIYASALA WARD, THYVADU VILLAGE, THIRUVANANTHAPURAM DISTRICT.

3. VISHNU, S/O.GOPAKUMAR, AGED 26 YEARS, TC 23/279, THUNDATHIL VEEDU, MYLADIKADAVU PALAM (NEAR), VALIYASALA, VALIYASALA WARD, THYCADU VILLAGE, THIRUVANANTHAPURAM DISTRICT.

4. VISHNU M @ AMBAL, S/O.MURALEEDHARAN, AGED 26 YEARS, TC 23/364, VALIYASALA, VALIYASALA WARD, THYVADU VILLAGE, THIRUVANANTHAPURAM DISTRICT.

5. MANI RAM, S/O.MANIKANTAN, AGED 23 YEARS, TC 23/322, POOMUTTOM, VALIYASALA WARD, MANACAUD VILLGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.JUSTUS RESPONDENT(S)/DEFACTO COMPLAINANT AND STATE:

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1. VISAKH, S/O.SIVAN, AGED 24 YEARS, RESIDING AT 'SIVANILAYAM', TC 23/1098, VALIYASALA WARD, MANACAUD VILLGE, THIRUVANANTHAPURAM DISTRICT - 695 014.

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2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. SRI.A.G.ABHILASH R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

--------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------ ANNEXURE A1.

FINAL REPORT IN CC 44/12 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

ANNEXURE A2.

AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 23.11.15.

RESPONDENT(S)' ANNEXURES:

NIL --------------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7458 of 2015 ............................................................... Dated this the 11th day of December, 2015

O R D E R

Petitioners are the accused in C.C. No. 44/2012 of the Chief Judicial Magistrate's Court, Thiruvananthapuram, which has arisen from Crime No.1033/2011 of the Museum Police Station, Thiruvananthapuram, registered for the offences punishable under Sections 143, 147, 148, 149, 506 (i), 324, 323 and 427 IPC.

2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 1st respondent herein. The defacto complainant has filed Annexure-A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

CRL.M.C. No. 7458 of 2015 -: 2 :- 3.

No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No. 44/2012 of the Chief Judicial Magistrate's Court, Thiruvananthapuram, as against the petitioners, based on Annexure-A1 Final Report, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No. 44/2012 of the Chief Judicial Magistrate's Court, Thiruvananthapuram, as against the petitioners, based on Annexure-A1 Final Report, are hereby quashed.

Sd/- B. KEMAL PASHA, JUDGE.

Stu/11.12.2015.

//true copy// P.S. to Judge.