High Court Kerala High Court

Abdul Nazeer.K.A vs The Station House Officer on 5 March, 2010

Kerala High Court
Abdul Nazeer.K.A vs The Station House Officer on 5 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 136 of 2010()


1. ABDUL NAZEER.K.A,S/O.BENEER ABBAS,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,BEKAL POLICE
                       ...       Respondent

2. K.M.MOHAMMED NIYAS,S/O.ABDUL RAHIMAN,

                For Petitioner  :SRI.T.MADHU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :05/03/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ------------------------------------------
            CRL.M.C.NO.136 OF 2010
           ------------------------------------------
             Dated       5th March 2010


                         O R D E R

Petitioner is the seventh accused

in C.C.409/2009 on the file of Judicial

First Class Magistrate-II, Hosdurg taken

cognizance for the offences under Sections

143, 147, 148, 341, 323, 324 and 506(i)

read with Section 149 of Indian Penal Code.

Petition is filed under Section 482 of Code

of Criminal Procedure to quash the

proceedings against the petitioner

contending that the case has been settled

with the second respondent de facto

complainant. Second respondent appeared and

he filed Annexure-3 affidavit stating that

petitioner is his friend and he approached

second respondent to settle his case and he

Crmc 136/10
2

is prepared to settle the case as against the

petitioner alone and he has no intention to

proceed against the petitioner and

therefore, he has no objection for quashing

the case as against the petitioner.

2. Learned counsel appearing for the

petitioner and learned Public Prosecutor

were heard.

3. Learned Public Prosecutor

submitted that when the case has not been

settled with the other accused, there cannot

be a quashing of the cognizance taken

against the petitioner alone. I find force in

the submission. Offences alleged against all

the accused are the same. Hence there cannot

be a piecemeal settlement with one of the

accused. Hence, the case cannot be quashed as

sought for, based on settlement.

Crmc 136/10
3

Petition is dismissed. But if there

is settlement with all the accused, they are

at liberty to approach this court for

quashing the proceedings.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.