Jaffar P. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 ------------------------- IN CC 25/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG CRIME NO. 653/2013 OF HOSDURG POLICE STATION , KASARGOD PETITIONERS/ACCUSED 1,3,5,7,9,10:
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1. JAFFAR P., AGED 25 YEARS, S/O KUNJAHAMMAD, PARAKKAT HOUSE, THEKKEPPURAM AJANUR VILLAGE
2. MUBASH M, AGED 20 YEARS, S/O MAJEEDM, KAMAL HOUSE, THEKKEPPURAM, AJANUR VILLAGE.
3. BADHARUDHEEN N.V., AGED 28 YEARS S/O.N.V.ABDULLA, NIYAS MANZIL, THEKKEPURAM, AJANUR VILLAGE
4. RASHID A.P, AGED 26 YEARS, S/O ABDULLA, ALEEMA MANZIL, THEKKEPPURAM, AJANUR VILLAGE
5. NIZZAM M.S, AGED 20 YEARS, S/O SHAMSUDHEEN M.E, PADIKKAL HOUSE, THEKKEPPURAM, AJANUR VILLAGE.
6. AJMAL M, AGED 20 YEARS, S/O ABOOBACKER M., JABBAL NAGAR, THEKKEPPURAM, AJANUR VILLAGE BY ADV. SRI.C.K.SREEJITH RESPONDENTS/STATE, COMPLAINANT & DE-FACTO COMPLAINANT:-: --------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031
2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REP.BY PUBLIC PROSECTOR HIGH COURT OF KERALA, ERNAKULAM-682031 ......2
: 2 :
3. LOHITH N.V., AGED 28 YEARS, S/O K.V. JANARDHARAN, RESIDING AT NAYARACHAN VEEDU, PADINHAREKARA, AJANAUR VILLAGE, MANIKOTH POST-671 316 R3 BY ADV. SRI.MURUGAN P.V.
R1 & R2 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
----------------------- APPENDIX PETITIONERS ANNEXURES:
----------------------- ANNEXURE A1: COPY OF THE FIR NO.653/2013 ANNEXURE A2: COPY OF THE MEMO OF EVIDENCE GIVEN BY THE DE-FACTO COMPLAINANT ANNEXURE A3: OPY OF THE FINAL REPORT ANNEXURE A4:- COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT. RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.263 of 2015 --------------------------------------- Dated this the 15th day of January, 2015 O R D E R The petitioners herein are the accused Nos.1, 3, 5, 7, 9 and 10 in C.C No.25/2014 before the Judicial First Class Magistrate Court I, Hosdurg. Crime in the said case was registered under Sections 143, 147, 148, 341 and 324 r/w 149 of the Indian Penal Code, on the complaint of one Lohith. The petitioners now seek orders quashing the prosecution as against them on the ground that they and the defacto complainant have amicably settled the whole dispute out of court. The defacto complainant Lohith is the third respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no complaint or grievance now.
He has also stated that the dispute is in fact purely personal in nature, and the said dispute stands resolved forever. I find that orders quashing the prosecution as against these persons will not affect the case against the other accused.
Crl.M.C No.263 of 2015 that continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. Nobody will support the prosecution if the case against the petitioners goes to trial. It is submitted that the other accused are not parties here because they are now abroad. There is reason to believe that the complainant has settled the whole dispute with all the accused including those who are not parties here.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.25/2014 before the Judicial First Class Magistrate Court I, Hosdurg, will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab