Allowed
Shaji Pathrose v. State of Kerala
Kerala HCCrl.MC/3500/2011
Case brief
from the order text
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
AI extract
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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
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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
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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:
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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.
Crl.M.C. No.3500 of 2011
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
1 issue framed by the court
Whether the special leave petition before the High Court should be allowed or dismissed given the settlement between parties.
Shaji Pathrose
State of Kerala
Stella Varghese
Rajesh
Rejith
Arun
N.K. Balakrishnan
As recorded by the court registry
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