IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Crl.MC.No. 3500 of 2011() ------------------------------ S.C.NO.505/2011 OF THE ADDITIONAL DISTRICT AND SESSIONS FAST TRACK (ADHOC) COURT-II, KOLLAM ................................................................... PETITIONER(S): ACCUSED NO.1 --------------------------- SHAJI PATHROSE, AGED 23 YEARS, S/O.PATHROSE, SHEEBA BHAVAN, PAVATTUMOOLA, KUMBALAM, PERAYAM MULAVANA. BY ADVS. SRI. K.SHAJ SRI. SAJJU.S RESPONDENT(S): STATE, CW 1 TO 5 ------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STELLA VARGHESE, AGED 43 YEARS, W/O.VARGHESE, SADAN, MORIPURATHU KUMBALAM, PERAYAM MULAVANA. 3. RAJESH, AGED 19 YEARS, S/O.VARGHESE, SRV SADAN, MERIPURATHU KUMBALAM, PERAYAM MULAVANA. 4. REJITH, AGED 17 YEARS, S/O.RAJU, RENJITH BHAVAN, MORIPURATHU KUMBALAM, PERAYAM MULAVANA, SINCE HE IS MINOR HE IS REPRESENTED BY HIS FATHER RAJU, RENJITH BHAVAN, MORIPURATHU KUMBALAM, PERAYAM MULAVANA. VPV CRMCNO.3500/2011 5. RENJITH, AGED 18 YEARS, S/O.RAJU, RENJITH BHAVAN, MORIPURATHU KUMBALAM, PERAYAM, MULAVANA. 6. ARUN, AGED 19 YEARS, S/O.ALFRED, ARUNIMA BHAVAN, KUMBALAM, PERAYAM MULAVANA. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN BY ADV. SRI.S.SUNIL NARAYANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV CRMCNO.3500/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1- COPY OF THE CHARGE SHEET IN CR.NO.138/2008 OF KUNDARA POLICE STATION. ANNEXURE A2- AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES. ANNEXURE A3- AN AFFIDAVIT SWORN BY THE THIRD RESPONDENT CW2, IN CRIME NO.CR.NO.138/2008 OF KUNDARA POLICE STATION STATING THE SETTLEMENT OF ALL THE DISPUTES. ANNEXURE A4- AN AFFIDAVIT SWORN BY THE FOURTH RESPONDENT CW3 IN CR.NO.138/2008 OF KUNDARA POLICE STATION STATING THE SETTLEMENT OF ALL THE DISPUTES. ANNEXURE A5- AN AFFIDAVIT SWORN BY THE FIFTH RESPONDENT CW4 IN CR.NO.138/2008 OF KUNDARA POLICE STATION STATING THE SETTLEMENT OF ALL THE DISPUTES. ANNEXURE A6- AN AFFIDAVIT SWORN BY THE SIXTH RESPONDENT CW5 IN CR.NO.138/2008 OF KUNDARA POLICE STATION STATING THE SETTLEMENT OF ALL THE DISPUTES. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE VPV N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3500 of 2011 ----------------------------------- Dated this the 15th day of November 2011 O R D E R Petitioner is the first accused in S.C.No.505/2011 on the file of Additional District and Sessions Fast Track (Adhoc) Court-II, Kollam. The crime was originally registered alleging commission of offences under Secs.323 and 506(i) r/w 34 of IPC. Subsequently it was found that some of the injured persons were below 18 years as on the date of commission of the offence. Hence, it was committed to the court of Sessions. Now the case is pending before the Sessions Court. 2. Respondents 2 to 6 in this case are the injured persons. Out of them, 4th respondent is aged only 17 years. His father has sought permission of the court to compound the offence. Affidavits of the other injured persons and the father of the injured boy who is aged 17 years have been Crl.M.C. No.3500 of 2011 -: 2 :- filed in this Court stating that the entire matter has been talked over and settled and that they are not intending to proceed with the matter. Since the dispute is purely personal in nature and all of them are neighbours, it is just and proper that this petition is allowed. Hence, this Crl.M.C. is allowed. Further proceeding in S.C.No.505/2011 on the file of Additional Sessions Court Fast Track (Adhoc)-II, Kollam is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt