Kerala High Court
Crl.MC/1195/2014 of MUHAMMED JASEEL Vs THE STATE OF KERALA on 30 December 2014
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Crl.MC.No. 1195 of 2014 () --------------------------- CRIME NO. 810/2011 OF FORT POLICE STATION, THIRUVANANDAPURAM PETITIONER(S)/DEFACTO COMPLAINANTS:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936
Crl.MC.No. 1195 of 2014 () --------------------------- CRIME NO. 810/2011 OF FORT POLICE STATION,THIRUVANANDAPURAM
PETITIONER(S)/DEFACTO COMPLAINANTS:-----------------------------------
1. MUHAMMED JASEEL, AGED 20 YEARS, S/O.ABDUL NAZAR, RESIDING AT SAICO HOUSE, T C 48/563(67, KALLATTUMUKKU, MANACAUD P. O., THIRUVANANTHAPURAM-695009
2. ABDUL NAZEER, AGED 52 YEARS, S/O.ABDUL MAJEED, RESIDING AT SAICO HOUSE, T C 48/563(67)KALLATTUMUKKU, MANACAUD P. O., THIRUVANANTHAPURAM-695009, BY ADVS.SRI.ENOCH DAVID SIMON JOEL SRI.V.S.VISWAMBHARAN
RESPONDENT(S)/STATE:-------------------- THE STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE S. I. OF POLICE. FORT POLICE STATION, THIRUVANANTHAPURAM- 682 031.ADDL. R2 TO R6 IMPLEADED.
2.NAHAS, S/O. NAZE GARA,KAIRALI ROAD, VALLAKADAVU P.O.,THIRUVANANTHAPURAM.
3. MONI, OPP.GOVT. HOMEO COLLEGE, CHIRAM MUKKU, MANACAUD P.O., THIRUVANANDAPURAM.
4. GANESH, GANESA PURAM, KOTTAR, NAGERCOIL, TAMIL NADU.5. DANI, GANESA PURAM, KOTTAR, NAGERCOIL, TAMIL NADU.6. BIJU, KATTAKADA, KATTAKSADA P.O., THIRUVANANDAPURAM.ADDL. R2 TO R6 IMPLEADED AS PER ORDER DATED.11.12.2014 IN CRL.M.A. 11329/2014 IN CRL.M.C.NO.1195/2014. R1 BY PUBLIC PROSECUTOR SRI. R. GITHESH. THIS CRIMINAL MISC. CASE HAVING COME UP FORADMISSION ON 30-12-2014, THE COURT ON THE SAME DAYPASSED THE FOLLOWING:
Crl.MC.No. 1195 of 2014 () -------------------------- APPENDIX
PETITIONER(S)' EXHIBITS ----------------------- ANNEX.A:-THE CERTIFIED COPY OF THE FIR IN CRIME NO 810 OF2011REGISTEREDBYFORTPOLICESTATION,THIRUVANANTHAPURAM PENDING BEFORE THE JFCM COURT, II,THIRUVANANTHAPURAM
ANNEX B:-TRUE COPY OF THE OFFICIAL MEMORANDUM TO RELEASETHE VEHICLE TO THE FIRST PETITIONER DTD 5/8/2011
ANNEX C:-TRUE COPY OF THE OFFICIAL MEMORANDUM TO RELEASETHE VEHICLE TO THE 2ND PETITIONER DTD 5/8/2011
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RESPONDENT(S)' EXHIBITS-----------------------
------------------------------------------------- Crl.M.C. No. 1195 of 2014
------------------------------------------------- Dated this the 30[th] day of December, 2014.
ORDER
The defacto complainant has approached this Court praying to quash the proceedings in Crime No. 810 of 2011 ofFort Police Station, Thiruvananthapuram which has registeredfor offences punishable under Sections 406, 408, 420 readwith Section 34 of Indian Penal Code.
2. The matter relates to the vehicle owned by the first petitioner. According to the petitioners, the accusedpersons were the employees of the first petitioner and theywanted to make use of the vehicle. The first petitioner gavethe vehicle to them. But they did not return the vehicles andthat resulted in filing of the complaint and consequentregistration of the crime.
3. The petitioners now say that they have settled the matter with the accused persons and the first petitionergot the vehicle back and he does not wish to proceed against the accused persons. According to the petitioners, they have no grievance against the accused persons. They thereforeseek to have the proceedings quashed.
In the light of the fact that the defacto complainanthas approached this Court by pointing out that he has nogrievance in the matter, there is no reason as to why thispetition filed under Section 482 of the Code of CriminalProcedure should not be allowed and thus put an end to theproceedings, for, by continuing the proceedings, no purposewill be served.
In the result, this petition is allowed and all further proceedings in furtherance of registration of Crime No. 810 of2011 before Fort Police Station, Thiruvananthapuram shallstand quashed.
P.BHAVADASAN JUDGE
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