Kerala High Court
Hashim vs State Of Kerala on 6 January, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1938
Crl.MC.No. 7382 of 2016 ()
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(AGAINST THE ORDER/JUDGMENT IN SC 1334/2010 of ADDITIONAL SESSIONS
COURT(ADHOC)III, KOLLAM ORDER/JUDGMENT IN LP 13/2014 of ADDL. D.C. &
SESSIONS COURT - VI, KOLLAM
CRIME NO. 664/2004 OF KOLLAM EAST POLICE STATION , KOLLAM)
PETITIONER(S)/ACCISED NO. 1:
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HASHIM,
AGED 35 YEARS, S/O.SAINUDEEN, HAJITHA BHAVAN,
MOTTAKKAVU NEDUMPANA NOW RESIDING AT HASEENA BHAVAN,
MOTTAKKAVU NEDUMPANA , KOLLAM.
BY ADVS.SRI.K.SHAJ
SRI.RENJIT GEORGE
RESPONDENT(S)/STATE/RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-31.
2. RAHUL,
AGED 31 YEARS, S/O.RAJAGOPAL,
SIVASAKTHI BHAVANAM, MUTTACKAVU, NEDUMPANA VILLAGE,
KOLLAM-691009.
R2 BY ADV. SRI.SANTHOSH MATHEW
R2 BY ADV. SRI.SERGI JOSEPH THOMAS
R BY PUBLIC PROSECUTOR T.R.RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7382 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN SC NO
1334/2010 PENDING AS LP NO 13/2014 ON THE FILE OF VI ADDITIONAL
SESSIONS COURT,KOLLAM ARISING OUT OF CRIME NO 664/2004 OF KOLLAM EAST
POLICE STATION,
ANNEXURE A2 THE CERTIFIED COPY OF THE JUDGMENT DTD 9/4/2010 IN SC
NO 541/2007 (CLUBBED WITH SC NO 1351/2007)IN THE COURT OF THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLLAM.
ANNEXURE A3 AN AFFIDAVIT SWORN BY THE 2ND RESPONDENT STATING THE
SETTLEMENT OF ALL THE DISPUTES.
RESPONDENT(S)' EXHIBITS
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/TRUE COPY/ PS TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.7382 of 2016
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Dated this the 6th day of January, 2017
O R D E R
The petitioner herein is the first accused in SC No.1334/2010, now pending as L.P.No.13/2014 of the VI Additional Sessions Court, Kollam for offences punishable under sections 143,147,148,323 and 308 of IPC read with Section 4 of the Kerala(Prevention) of Ragging Act .
2. The petitioner herein along with nine other persons stood charge sheeted for offences punishable under the above provisions of law. All the accused except the petitioner herein faced the trial. By Annexure A2 Judgment, all the accused who faced the trial were acquitted on the ground that the prosecution failed to prove the allegation against the accused. The case against the petitioner herein was split up and re-filed. Since the accused again remained absent, it was relegated to the LP Register.
3. The petitioner has now approached this court contending that the matter has been settled between the parties, that in the light of Annexure A2 judgment, the substratum of the case is broken and that benefit should enure to him also. It was further submitted that the dispute has also been settled between the parties as is evident from Annexure A3 affidavit filed by the second Crl.M.C.No.7382/2016 2 respondent.
4. Learned counsel for the second respondent relying on Annexure A3 affidavit, submitted that the matter has been settled.
5. Learned Public Prosecutor on instructions, submitted that the petitioner is not involved in any other crime and that the dispute has been resolved.
6. In the light of the above, I am satisfied that no purpose will be served at this length of time by proceeding against the petitioner herein. Having considered these facts in detail, I find that interest of justice demands,all the further proceedings against the petitioner should stand quashed.
In the result, the Crl.M.C.is allowed. All further proceedings pursuant to SC No.1334/2010 now pending as LP No.13/2014 of the VI Additional Sessions Court, Kollam arising from crime NO.664/2004 of Kollam East Police Station stand quashed.
Sd/-
SUNIL THOMAS Judge dpk /true copy/ PS to Judge.
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