Kerala High Court
Illias vs Ajith on 13 November, 2019
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
Crl.MC.No.4053 OF 2019(F)
AGAINST THE ORDER/JUDGMENT IN SC 899/2012 OF SUB COURT, VADAKARA
CRIME NO.24/2011 OF Nadapuram Police Station , Kozhikode
PETITIONER/S:
1 ILLIAS
AGED 29 YEARS
S/O. AMMED, ILLTHMEETHAL HOUSE, KUNIGADU P.O,
PURAMERI, VATAKARA TALUK.
2 MUHAMMED
AGED 31 YEARS
S/O. KUNJABDULLA, NEDUMTHODI HOUSE, KUNIGADU P.O,
PURAMERI, VATAKARA TALUK.
3 SHOUKKATHALI,
AGED 32 YEARS
S/O. KUNJABDULLA, NIKKUNNUMMALL HOUSE, MUTHUVADATHUR
P.O, PURAMERI, VATAKARA TALUK.
4 NAJMAL
AGED 28 YEARS
S/O. POCKER, MEETHALE BALATHIL HOUSE, KUNJIGADU P.O,
PURAMERI, VATAKARA TALKU.
5 HARIS,
AGED 31 YEARS
S/O.ABOOBACKER HAJI,
THAIKKANDIYIL HOUSE, CHIRAYIL JUNCTION,
VILADAPURAM P.O, PURAMERI, VATAKARA TALUK,
6 HARSHAD @ MOIDEEN,
AGED 32 YEARS
KURUTHOLAKANDY HOUSE, VILATHAPURAM P.O, PURAMERI,
VATAKARA TALUK.
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENT/S:
1 AJITH
S/O. GANGADHARAN, AGED 34 YEARS,
Crl.MC.No.4053 OF 2019(F) 2
PILAVULLATHIL HOUSE, P.O. KUNINGAD,
PONMERIPARAMBIL, VATAKARA TALUK, KOZHIKODE
DISTRICT, PIN-673101.
2 RANJITH
S/O.KUMARAN, AGED 33 YEARS, MADAMVECHATHARMMAL
HOUSE, P.O KUNINGAD, AYANCHERY, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN-673101.
3 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
R1-2 BY ADV. P.S.BINU
OTHER PRESENT:
SRI.C.S.HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4053 OF 2019(F) 3
O R D E R
Petitioners are accused 2 to 7 in Crime No.24/2011 of Nadapuram Police station. Final report was filed and the matter was taken on file of the Assistant Session Court, Vatakara as S.C. No.899/2012 for an offence punishable under Sections 143, 147, 148, 341, 324, 427 and 308 r/w Section 149 IPC. Since all other accused except the first accused were absconding, trial proceeded against the first accused and the case against the absconding accused was split up. Vide judgment dated 19.01.2016 that Annexure 2, the 1st accused was found not guilty and acquitted by the Assistant Session Court. In the judgment it is seen that PWs 1 and 2 who are the complainants were examined and they do not testify anything against the accused and it is also specifically stated that the matter has been settled between the parties.
2. Complainants are now impleaded as respondents 1 and 2 in this petition and they are represented by a counsel and filed an affidavit stating that they have no existing Crl.MC.No.4053 OF 2019(F) 4 complaint against the petitioners and the proceedings against them can be quashed. A report has also been obtained from the investigating officer by the learned Public Prosecutor in which it is affirmed that the matter has been settled between them. There is nothing in the evidence in the tried case or material in the case records supporting an offence under Section 308 IPC.
No purpose will be served by proceeding with the prosecution of the case. Hence entire proceedings in Crime No.24/2011 of the Nadapuram Police Station now pending as L.P. No.11/2018 against the 1st petitioner, S.C No.52/2016 against petitioners 2, 3 and 5 and S.C.No.252/2016 pending against the 4th petitioner and S.C.No.903/2016 pending against the 6th petitioner before the Assistant Sessions Court, Vatakara shall stand quashed under Section 482 of Cr.P.C., and the accused discharged.
SD/-
ASHOK MENON
rmm JUDGE
Crl.MC.No.4053 OF 2019(F) 5
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.24/2011 OF NADAPURAM POLICE STATION.
ANNEXURE 2 CERTIFIED COPY OF THE JUDGMENT IN SC.899/12 ON THE FILE OF ASSISTANT SESSIONS JUDGE VATAKARA.
ANNEXURE 3 SWORN AFFIDAVIT OF THE 1ST RESPONDENT.
ANNEXURE 4 SWORN AFFIDAVIT OF THE 2ND RESPONDENT.