Shahul Hameed v. State Of Kerala
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 Crl.MC.No. 7457 of 2014 () --------------------------- CC 1/2011 of J.M.F.C.-II, KOLLAM CRIME NO. 1897/2010 OF KOLLAM EAST POLICE STATION ----------- PETITIONER(S)/ACCUSED 1-5 :- -------------------------------
1. SHAHUL HAMEED, AGED 22 YEARS S/O.SHAHUDEEN, AZIYAMANZIL, KUREEPPALLY CHERRY THRIKKOVILVATTOM VILLAGE, KOLLAM.
2. ANOOP, AGED 22 YEARS S/O.AMARENDRADAS, ARCHANA HOUSE, CHAKIRIKKADA BABUJI NAGAR, VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE KOLLAM.
3. KARTHIK, AGED 22 YEARS S/O.NAKULAN, CHARUVILA VEEDU, PUNTHALATHAZHAM NAGAR PUNTHALATHAZHAM CHERRY, VADAKKEVILA VILLAGE, KOLLAM.
4. PEEYUSH R.NAIR, AGED 22 YEARS S/O.RAJASEKHARAN NAIR, T.K.HOUSE, GANDHI NAGAR-218 AYATHIL CHERRY, VADAKKEVILA VILLAGE, KOLLAM.
BY ADV. SRI.V.RENJITH KUMAR RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT :- ------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. DINESH PRADEEP, AGED 25 YEARS S/O.PRADEEP KUMAR, ANUGRAHA-II, CHIRAKKARA P.O. IDAVATTOM CHERRY, PRIPPALLY VILLAGE, KOLLAM - 691 578. R2 BY ADV. SRI.K.S.HARIDAS R1 BY PUBLIC PROSECUTOR SRI.R.GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7457 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- ANNEXURE 1 : TRUE COPY OF THE FIR IN CRIME 1897/2010 OF KOLLAM EAST POLICE STATION, KOLLAM.
ANNEXURE 2 : TRUE COPY OF THE FINAL REPORT IN CRIME No. 1897/2010 OF KOLLAM EAST POLICE STATION, KOLLAM.
ANNEXURE 3 : THE AFFIDAVIT EXECUTED BY R2 DT.24-12-2014. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
P.BHAVADASAN, J.
----------------------------- Crl.M.C. No.7457 of 2014 -------------------------------------- Dated this the 30th day of December 2014
O R D E R
This is a petition filed under Sec.482 of the Code of Criminal Procedure to quash all further proceedings in C.C.No.1 of 2011 pending before JFCM Court-II, Kollam. 2.
The petitioners are accused Nos.1 to 4 in Crime No.1897 of 2010 of Kollam East Police Station for having committed offences punishable under Secs.341, 294(b) and 323 r/w Sec.34 of IPC.
3.
It is unnecessary to go into the details of the case for the simple reason that the de facto complainant has filed an affidavit stating that he is no longer interested in prosecuting the matter and he has no further grievance in the matter. He is arrayed as 2nd respondent before this Court. He is represented by counsel, who accepts the affidavit produced by the petitioners and stands by the statements contained therein. 4.
In the light of the aforesaid stand taken by the defacto complainant and since no public issues are involved in the
Crl.M.C. No.7457 of 2014 -: 2 :- matter, there is no necessity to proceed further with the matter. Hence, this petition is allowed.
All further proceedings against these petitioners in C.C.No.1 of 2011 pending before JFCM Court-II, Kollam shall stand quashed. Sd/- P.BHAVADASAN, JUDGE.
Jvt