Shimil Rahman v. State Of Kerala
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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 CRIME NO. 386/2011 OF ADHUR POLICE STATION C.C.No.65/2014 OF JFCM-I, KASARAGOD --------------- PETITIONER(S)/ACCUSED 1-10 :- ------------------------------
1. SHIMIL RAHMAN AGED 23 YEARS S/O.ABDUL SAMAD, R/AT MOHRATHRDI (H), ARIPRA P.O MALAPPURAM DISTRICT.
2. JITHIN SEBASTIAN, AGED 23 YEARS, S/O.SEBASTIAN MATHEW, R/AT KUZHIPIRILIYIL (H) ARAKKULAM, IDUKKI DISTRICT.
3. INDRAJITH, AGED 22 YEARS, S/O.RAVEENDRAN, R/AT SREYAS (H), CHENOLI P.O KOZHIKODE DISTRICT.
4. SARATH PRASAD, AGED 23 YEARS, S/O.APPUKUTTAN, R/AT PRASADAM NIVAS, KADANNAPPALLY KANNUR DISTRICT.
5. VIVEK S, AGED 23 YEARS, S/O.SASEENDRAN, R/AT SASI NIVAS, VATTOLI BAZAR BALUSSERY, KOZHIKODE DISTRICT.
6. DEEPAK P., AGED 23 YEARS, S/O.PAVITHRAN, R/AT GEETHU SADANAM, TARUR WAYANAD DISTRICT.
7. JAYARAMAN P.P., AGED 22 YEARS, S/O.SATHY NARAYANAN K, R/AT RAMA SOUDAM, PILAMANTHODU MALAPPURAM DISTRICT.
8. PRANOY C., AGED 22 YEARS, S/O.PRASANNAN, R/AT CHONAYIL HOUSE, VALLIKUNNU MALAPPURAM DISTRICT.
9. AMAL THOMAS, AGED 23 YEARS, S/O.THOMAS P.C, R/AT PARAKKAL HOUSE, CHENNALODU WAYANAD DISTRICT.
10. SHIJIN SAJ, AGED 23 YEARS, S/O.VIJAYAN, R/AT THEKEYIL MEETHU (H) THURITHIYOUD BALUSSERY, KOZHIKODE DISTRICT.
BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S)/COMPLAINANT :- ------------------------------
1. STATE OF KERALA THROUGH THE STATION HOUSE OFFICER ADHUR POLICE STATION REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. JAZEEM @ ABDULLA JAZEEM S/O.ABDUL AZEEZ C.A, R/AT RAHMANIYA NAGER MUTTATHODY VILLAGE, KASARAGOD DISTRICT - 671 121. R2 BY ADV. SMT.C.B.SUMA DEVI R1 BY PUBLIC PROSECUTOR SRI.C.K.JAYAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt
APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- ANNEXURE 1. COPY OF THE FIR IN CRIME NO.386/2011 DATED 13.10.11 OF ADHUR POLICE STATION, KASARAGOD.
RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
P.BHAVADASAN, J.
----------------------------- Crl.M.C. No.7430 of 2014 -------------------------------------- Dated this the 30th day of December 2014
O R D E R
The petitioners are the accused in Crime No.386 of 2011 of Adhur Police Station, which on filing of the final report was taken cognizance of as C.C.No.65 of 2014 by JFCM Court-I, Kasaragod for having committed offences punishable under Secs.143, 147, 148, 341 and 324 r/w Sec.149 of IPC. 2.
It is unnecessary to go into the details of the allegations for the simple reason that the de- facto complainant has amicably settled the dispute with the accused persons and in the affidavit sworn to by him before this Court, it is pointed out that he has no further grievance in the matter and he does not intend to proceed further with the matter.
3.
As there is no social issue involved in the matter and it is purely a dispute between the parties and since an affidavit has been sworn to by the de facto complainant, no useful purpose will be served if the proceedings are continued. 4.
The de facto complainant, who is arrayed as the 2nd respondent before this Court is represented by his counsel, who
Crl.M.C. No.7430 of 2014 -: 2 :- accepts that an affidavit has been sworn to by the 2nd respondent and stands by the statements contained therein. Hence, this petition is allowed.
All further proceedings against these petitioners in C.C.No.65 of 2014 of JFCM Court-I, Kasaragod including the registration of crime as Crime No.386 of 2011 of Adhur Police Station and final report thereof shall stand quashed.
Sd/- P.BHAVADASAN, JUDGE.
Jvt