T.M.Yousuf vs State Of Kerala

Ashok Menon, J

The petitioner is the 3rd accused in Crime No.1914/2012 of Ernakulam Central Police Station, in which final report has been filed and taken on the

files of the Chief Judicial Magistrate Court, Ernakulam as C.C.No.206/2013, for having allegedly committed the offences punishable under Sections

457, 461, 380 and 413 read with Section 34 of the I.P.C.

Several cases were registered and it is submitted that in all those crimes, the petitioner has been acquitted. The only allegation against the petitioner

is that he had purchased stolen articles knowing that they were stolen properties. The articles involved are cashew, almonds, white pepper, etc. The

de facto complainant, the 2nd respondent herein, is the owner of those stolen articles. He has no objection in quashing the proceedings as against the

petitioner alone. The petitioner states that he is awaiting emigration to Canada and this is the only crime which is pending against him and hence the

same may be quashed.

After having heard the submissions on both sides and also going through the affidavit filed by the 2nd respondent, who has no objection in quashing

the proceedings, I find that no purpose will be served in proceeding further with the trial as against the petitioner.

Resultantly, the Crl.M.C. is allowed and the entire proceedings as against the petitioner alone in Crime No.1914/2012 of Ernakulam Central Police

Station, presently pending on the files of the Chief Judicial Magistrate Court, Ernakulam as C.C.No.206/2013, stands quashed under Section 482 of

Cr.P.C. and the petitioner is discharged and set at liberty.