Mohammed Shereef v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q Crl.MC.No. 7397 of 2015 ---------------------------------- CC 495/2013 IN CC.713/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA CRIME NO. 174/2009 OF PERINTHALMANNA POLICE STATION, MALAPPURAM ----------------- PETITIONER(S)/ACCUSED:

------------------------------------- MOHAMMED SHEREEF, AGED 34 YEARS, S/O MHAMMEDALI, PILAKKAL HOUSE, MATTARAKKAL, THAZHEKODE, PERINTALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S)/STATE AND DE-FACTOR COMPLAINANT: -----------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (IN CR.NO. 174/09 OF PERINTALMANNA POLICESTATION IN MALAPPURAM DISTRICT).

2. ABOOBACKER, AGED 52 YEARS, S/O. KUNJIPPU, ARANJIKKAL MATTARAKKAL, THAZHEKODE PERINTALMANNA-679 322, MALAPPURAM DISTRICT.

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.K.C.ANTONY MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 7397 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE A1: TRUE COPY OF THE FINAL REPORT IN CRIME NO. 174/09 OF PERINTALMANNA POLCIE STATION ANNEXURE A2: TRUE COPY OF THE JUDGMENT DT. 29/6/13 IN CC NO 713/09 ON THE FILES OF JFCM COURT I PERINTALMANNA ANNEXURE A3: THE AFFIDAVIT DT. 19/11/15 SWORN IN BY THE 2ND RESPONDENT RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7397 of 2015 ............................................................... Dated this the 30th day of November, 2015

O R D E R

Petitioner was the 3rd accused in C.C.No.713/2009 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, which had arisen from Crime No.174/2009 of the Perinthalmanna Police Station, for the offences punishable under Sections 452, 324 and 427 of the Indian Penal Code read with Section 34 of IPC.

2.

As the petitioner was abroad, the case against him was split up and re-filed as C.C.No.495/13 before the Judicial First Class Magistrate's Court-I, Perinthalmanna. The case against A1 and A2 was proceeded with in C.C.No.713/2009, which has culminated in their acquittal

CRL.M.C.No. 7397 of 2015 -: 2 :- through Annexure A2 judgment.

3.

On going through Annexure A2 judgment, it seems that there was no evidence against the 3rd accused and the witnesses did not support the prosecution case. Even if the prosecution in C.C.No.495/13 is continued, there will not be any chance for a conviction. In such case, there is no meaning in proceeding with the futile exercise. Moreover, it seems that the matter has been amicably settled between the parties.

4. The second respondent herein, who is the defacto complainant, has filed Annexure A3 affidavit affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings in C.C. No.495/2013 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, which had arisen from Crime

CRL.M.C.No. 7397 of 2015 -: 3 :- No.174/2009 of the Perinthalmanna Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.495/2013 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, which had arisen from Crime No.174/2009 of the Perinthalmanna Police Station, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge