High Court Kerala High Court

Shameer vs State Of Kerala on 2 December, 2010

Kerala High Court
Shameer vs State Of Kerala on 2 December, 2010
       

  

  

 
 
  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.
            --------------------------
              Crl.M.C.No.4454 of 2010
            --------------------------

                       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

CRMC 4454/10 2

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

CRMC 4454/10 3

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