IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Crl.M.C.3320 OF 2011 -------------------------------- CRIME NO. 1153/2011 OF THIRUVALLA POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT THIRUVALLA. .................... PETITIONER(S): ACCUSED -------------------------------------- MADHU @ JAYAKUMAR, S/O. SREEKANDAN NAIR, ARATTUKADAVIL HOUSE, THALAYAR, KUTTOOR.P.O. THIRUVALLA TALUK, PATHANAMTHITTA. BY ADV. SRI.SANTHOSH G. PRABHU SRI.S.KANNAN RESPONDENT(S): DEFACTO COMPLAINANT AND THE STATE ---------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2. SREEKANDAN NAIR, AGED 68 YEARS, S/O. GOPALA PANICKER, ARATTUKADAVIL HOUSE, THALAYAR, KUTTOOR.P.O., THIRUVALLA TALUK, PATHANAMTHITTA-689645 R1 BY PUBLIV PROSECUTOR, SRI. B.VINOD R2 SRI.P.V.VARGHESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MM Crl.M.C.3320 OF 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: A CERTIFIED COPY OF THE FIR IN CRIME NO.1153/2011 OF THIRUVALLA POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT THIRUVALLA. RESPONDENT'S ANNEXURE : NIL TRUE COPY P.A. TO JUDGE MM N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3320 of 2011 ----------------------------------- Dated this the 29th day of September 2011 O R D E R Petitioner is the accused in Crime No.1153/2011 of Thiruvalla Police Station. The 2nd respondent, who is the father of the accused, is the de facto complainant therein. The offences alleged against the petitioner are under Secs.452 and 326 IPC. It is alleged that when the de facto complainant ran to a neighbouring house, the accused chased him and beat with a stick causing fracture of bone of his right hand. The de facto complainant is represented in this Court by his counsel. An affidavit has been filed by the de facto complainant, in which it is stated that the matter has been amicably settled between the parties. The learned counsel appearing for both sides would submit that the father and son are now residing in the very same house happily and that if the case is prosecuted it would cause Crl.M.C. No.3320 of 2011 -: 2 :- undue hardship to both of them. Since the dispute is purely personal, I find that, it is just and proper that the further proceeding in Crime No.1153/2011 of Thiruvalla Police Station is quashed. In the result, this Crl.M.C. is allowed. Further proceeding in Crime No.1153/2011 of Thiruvalla Police Station is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt