IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Crl.MC.No. 3829 of 2011() ----------------------- CRIME NO. 255/01 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM ................. PETITIONERS / ACCUSED 1 TO 5: ------------------------------------------------ 1. VINOD @ THONAL, TC 12/872, BARTON HILL, VANCHIYOOR, THIRUVANANTHAPURAM. 2. REJI @ NISHAD, S/O.RAGHU, TC 12/944, BARTON HILL, VANCHIYOOR, THIRUVANANTHAPURAM. 3. PRADEEP, S/O.RAJU, TC 12/1039, BARTON HILL, VANCHIYOOR, THIRUVANANTHAPURAM. 4. LYON @ ALPHONSE, S/O.JOSEPH, TC 12/849, TC 12/1039, BARTON HILL, VANCHIYOOR, THIRUVANANTHAPURAM. 5. ANIKUMAR, S/O.TITUS, TC 12/854, BARTON HILL, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADVS. SRI.SUMAN CHAKRAVARTHY SRI.MARTINDAS V. JAMES (VATTAKKUZHIYIL) RESPONDENTS / CWI & STATE: ---------------------------------------------- 1. THANKAN NADAR, S/O.PONNU NADAR, AGED 61 YEARS, NELLIVILA PUTHEN VEEDU, KANNARAMKODU P.O., THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.K.B.PRADEEP R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 3829 of 2011() APPENDIX PETITIONERS' EXHIBITS : ANNEXURE A: A FREE COPY OF THE FINAL REPORT IN CRIME NO.255/01 OF CANTONMENT PS. ANNEXURE B: ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 1ST RESPONDENT DATED 1/11/11. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3829 of 2011 ----------------------------------- Dated this the 6th day of December 2011 O R D E R Petitioners are the accused in C.C.No.97/2008 on the file of J.f.C.M.-III, Thiruvananthapuram. The offences alleged against them are under Secs.143, 147, 148, 149, 324 and 427 r/w 149 IPC and Sec.27 of the Arms Act. The de facto complainant/injured is the first respondent herein. He is represented in this Court by his counsel. It is submitted by both sides that the parties have settled the matter and that the first respondent has no more grievance against the petitioners. Affidavit to that effect has been filed. But it is seen that as against A1 there is a specific charge that he inflicted injuries by using sword and as such the offence under Sec.27 of the Arms Act cannot be allowed to be quashed or compounded. Since all other offences are purely personal in nature, in the light of the settlement arrived at, further proceedings against the petitioners for Crl.M.C. No.3829 of 2011 -: 2 :- other offences can be quashed. In the result, this Crl.M.C. is allowed in part. Further proceedings against A2 to A5 in C.C.No.97/2008 on the file of J.F.C.M.-III, Thiruvananthapuram will stand quashed. The proceedings against A1 with regard to the offences punishable under Secs. 143, 147, 148, 149, 324 and 427 r/w 149 IPC also will stand quashed. The prosecution will proceed against the first accused for offence punishable under Sec.27 of the Arms Act. N.K.BALAKRISHNAN, JUDGE. Jvt