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High Court of KeralaCrl.MC/7459/2015allowed

Vaishakh v. Bijith

2015-12-11Honourable Mr. Justice B.Kemal Pasha5 pages

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 CRIME NO.854/2015 OF RAILWAY POLICE STATION, THIRUVANANTHAPURAM ---------------------- PETITIONERS/ACCUSEDNO. 1 TO 6:

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1. VAISHAKH, AGED 24 YEARS, S/O VIJAYAKUMARAN, T.C.73/1580, MOOZHIKKARA VEEDU, PERUNTHANNI, VALLAKKADAVU P.O., THIRUVANANTHAPURAM DISTRICT.

2. JAYAKRISHNAN, AGED 21 YEARS, S/O K.V.RAJASEKHARAN NAIR, T.C.27/629, VAZHAPPALLY HOUSE, VANCHIYOOR P.O., THIRUVANANTHAPURAM DISTRICT.

3. VISHNU S.J., AGED 22 YEARS, S/O. SIVAKUMAR, T.C.28/132, ASHWATHY BHAVAN, ATHANI LANE, KAITHAMUKKU, PETTAH P.O., THIRUVANANTHAPURAM DISTRICT.

4. SHIBU MARKOSE, AGED 23 YEARS, S/O A.MARKOSE, T.C.78/5172, VETTUKAD, TITANIUM P.O., THIRUVANANTHAPURAM DISTRICT.

5. SHIBIN A.B., AGED 21 YEARS, S/O BABU, T.C.29/679(1), THAIKAPPALLY LANE, PALKULANGARA, PETTAH P.O., THIRUVANANTHAPURAM DISTRICT.

6. AL-YAZAR A.S., AGED 21 YEARS, S/O S.A.AZEES, T.C.29/678, JAILOR VILAKOM HOUSE, THAIKAPPALLY LANE, PETTAH P.O., THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.S.JUSTUS ....2/-

..2..

RESPONDENTS/DEFACTO COMPLAINANT AND STATE:

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1. BIJITH, AGED 18 YEARS, S/O KUMARAN M., RESIDING AT VARUVILAKATHU VEEDU, T.C.30/1033, MOSQUE LANE, PETTAH P.O., THIRUVANANTHAPURAM DISTRICT-695024.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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

APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------------ ANNEXURE A1: FIR IN CRIME NO.854/2015 OF RAILWAY POLICE STATION, THIRUVANANTHAPURAM ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

ANNEXURE A2: AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 21.11.2015. RESPONDENT(S)' ANNEXURES --------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7459 of 2015 ======================= Dated this the 11th day of December, 2015

O R D E R

The petitioners are the accused in Crime No.854/2015 of the Railway Police Station, Thiruvananthapuram, registered for the offences punishable under Sections 143, 147, 149, 341 and 323 IPC.

2. It seems that the matter has been amicably settled between the parties. The de facto complainant, who is the 1st respondent herein 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. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, Annexure-A1 First Information Report in Crime No.854/2015 of the Railway Police Station,

Crl.M.C. No. 7459 of 2015 Thiruvananthapuram, and all further proceedings in it as against the petitioners, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure-A1 First Information Report in Crime No.854/2015 of the Railway Police Station, Thiruvananthapuram, and all further proceedings in it as against the petitioners, are hereby quashed.

Sd/- B. KEMAL PASHA, JUDGE.

Stu/11.12.2015.

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