High Court of KeralaCrl.MC/7395/2014allowed

Shine v. State Of Kerala

2014-12-30Honourable Mr.Justice P.Bhavadasan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 CC 1258/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL -------------- PETITIONER(S)/ACCUSED 1 TO 7:

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1. SHINE, AGED 31 YEARS S/O.UMMER, PVP HOUSE, MADAVOOR VILLAGE MADAVOOR DESOM, ATTINGAL, THIRUVANANTHAPURAM.

2. JASIN, AGED 35 YEARS S/O.ISMAIL, ARAFA MANZIL, PALLICKAL VILLAGE PALLICKAL DESOM, ATTINGAL, THIRUVANANTHAPURAM.

3. FAIZAL, AGED 29 YEARS S/O.MOHAMMED SALI, JAHANGIR MANZIL, PALLICKAL VILLAGE PALLICKAL DESOM, ATTINGAL, THIRUVANANTHAPURAM.

4. SHERIN, AGED 26 YEARS S/O.SHERAFUDDIN, VAYANZHIKAM, PALLICKAL VILLAGE PALLICKAL DESOM, ATTINGAL, THIRUVANANTHAPURAM.

5. ANWAR, AGED 29 YEARS, S/O.KALAM, ANWAR HOUSE, PALLICKAL VILLAGE PALLICKAL DESOM, ATTINGAL, THIRUVANANTHAPURAM.

6. AJAZ, AGED 31 YEARS S/O.ISMAIL, ARAFA MANZIL, PALLICKAL VILLAGE PALLICKAL DESOM, ATTINGAL, THIRUVANANTHAPURAM.

7. THANSIM, AGED 26 YEARS S/O.NIHASUDDIN, RAMLA MANZIL, PALLICKAL VILLAGE PALLICKAL DESOM, ATTINGAL, THIRUVANANTHAPURAM. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN ....2/-

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM KOCHI-682 031. (CRIME NO.17/2008 OF PALLICKAL POLICE STATION THIRUVANANTHAPURAM).

2. JAHAS, AGED 29 YEARS S/O.HAMEED, M.K.MANZIL, K.K.KONAM PALLICKAL VILLAGE, THIRUVANANTHAPURAM-695604.

3. NIZAMUDEEN, AGED 27 YEARS S/O.KIDIRMACHAMMAD, NAZI MANZIL, K.K.KONAM PALLICKAL VILLAGE, THIRUVANANTHAPURAM695604.

4. RASALUDEEN, AGED 27 YEARS S/O.ABDUL SHUKKOOR, RAJEEB MANZIL, K.K.KONAM PALLICKAL VILLAGE, THIRUVANANTHAPURAM-695604.

5. RIGHAS KHAN, AGED 34 YEARS S/O.SHIHABUDEEN, PARIMGIMAVILA VEEDU, K.K.KONAM PALLICKAL VILLAGE, THIRUVANANTHAPURAM695604.

R1 BY PUBLIC PROSECUTOR SRI.R.GITHESH BY ADV. SRI.VINOD KUMAR.C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE-I. CERTIFIFED COPY OF THE FINAL REPORT IN CRIME NO.17/2008 POF PALLICKAL POLICE STATION.

ANNEXURE-II. AFFIDAVIT DATED 10/3/2014 SWORN BY THE 2ND RESPONDENT DULUY ATTESTED BY NOTARY PUBLIC.

ANNEXURE-III. AFFIDAVIT DATED 26/11/2013 SWORN BY THE 3RD RESPONDENT DULUY ATTESTED BY NOTARY PUBLIC.

ANNEXURE-IV. AFFIDAVIT DATED 26/11/2013 SWORN BY THE 4TH RESPONDENT DULUY ATTESTED BY NOTARY PUBLIC.

ANNEXURE-V. AFFIDAVIT DATED 3/12/2013 SWORN BY THE 5TH RESPONDENT DULUY ATTESTED BY EMBASSY OF INDIA, QATAR.

RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

P.BHAVADASAN, J.

------------------------------------------------- Crl.M.C. No. 7395 of 2014 ------------------------------------------------- Dated this the 30th day of December, 2014.

ORDER

This is a petition filed under Section 482 of the Code of Criminal Procedure to have all further proceedings in C.C. 1258 of 2008 on the file of Judicial Magistrate of First Class-II, Attingal quashed.

2. The petitioners stand accused of having committed offences punishable under Sections 143, 147, 341, and 323 read with Section 149 of Indian Penal Code.

3. In relation to an incident which took place on 12.12.2008, the defacto complainant had filed a complaint before the police and Crime No. 17 of 2008 of Pallickal Police Station was registered for having committed offences punishable under Sections 143, 147, 341, and 323 read with Section 149 of Indian Penal Code.

Crl.M.C.7395/2014

4. After completion of investigation, final report was laid and cognizance was taken by JFCM-II, Attingal as C.C. 1258 of 2008.

5. It is now pointed out by both the parties that all the disputes between them have been settled and the defacto complainant and the injured persons have filed an affidavit to the effect that they have no grievance left to be redressed by court and the defacto complainant is not interested in proceedings with the matter.

In the light of the specific stand taken by the defacto complainant, it will be a futile exercise to continue the proceedings as it will be a sheer waste of time. For the above reasons, this petition is allowed and all further proceedings in C.C. 1258 of 2008 pending before JFCM-II, Attingal including registration of Crime No. 17 of 2008 of Pallickal Police Station shall stand quashed. P.BHAVADASAN JUDGE sb.