IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4454 of 2010()
1. SHAMEER, S/O.KASSIMKANNU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. NASAR, S/O.ABOOBACKER,
3. NAZIMUDEEN, S/O.MUHAMMED YUSAFF,
For Petitioner :SRI.K.S.ARUN KUMAR
For Respondent :SRI.NOWFFI.S.M.
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4454 of 2010
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ORDER
Petitioner was the second accused in S.C.No.
204/2001 on the file of Additional Sessions Court
(Fast Track-I), Thiruvananthapuram. As he was
absconding, case against him was split up and
refiled. The remaining five accused were tried. By
Annexure-II judgment, those accused were acquitted.
The case against the petitioner is now pending as
L.P.No.5/2004. This petition is filed under Section
482 of Code of Criminal Procedure to quash the
proceedings contending that in view of the order of
acquittal against the co-accused and settlement of
the entire disputes with respondents 2 and 3, the
defacto complainant and the injured, it is not in
the interest of justice to continue the
prosecution.
2. Respondents 2 and 3 appeared through a
counsel and filed separate affidavits stating that
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they have settled the entire disputes with the
petitioner and they have no subsisting grievance
against the petitioner and therefore, they have no
objection for quashing the proceedings.
3. Learned counsel appearing for the
petitioner, respondents 2 and 3 and learned Public
Prosecutor were heard.
4. Annexure-I final report with Annexure-II
judgment in S.C.No.204/2001 show that prosecution
case is that on 11.10.1999 at about 7 p.m., the six
accused reached Nash Fast Food conducted by second
respondent and after taking tea when they attempted
to go without paying the price, second respondent
obstructed their illegal act and directed that they
can leave only after payment. They conjointly
committed the offence of robbery and destroyed the
articles of the shop and committed a loss to the
tune of Rs.17,000/- to the second respondent. It is
also alleged that second respondent was beaten with
soda bottles at that time and hurt was caused to
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the third respondent also by hitting him with a
bottle on his face and stomach and all the accused
thereby committed the offence under Section 397 of
Indian Penal Code. Annexure-II judgment shows that
out of the six accused, except the petitioner, all
were acquitted.
5. Affidavits filed by respondents 2 and 3
establish that they have settled all the disputes
with the petitioner. In such circumstances, it is
clear that even if petitioner is to be tried, there
is no likelihood of a successful prosecution and it
would result only in unnecessary waste of valuable
time of the court. Hence, it is not in the interest
of justice to continue the prosecution.
Petition is allowed. L.P.No.5/2004 on the file
of Additional Sessions Court (Fast Track-I),
Thiruvananthapuram is quashed.
2nd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv