IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940 [CASE NUMBER] CC 320/2018 of J.M.F.C. - II, MAVELIKKARA CRIME NO. 788/2016 OF NOORANADU POLICE STATION , ALAPPUZHA PETITIONER/ACCUSED: SHINOJ AGED 25 YEARS S/O.SHAJI, PANDARUVILAYIL, SHAN MANSIL, MEKKU MURI, THAMARAKULAM BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031 PUBLIC PROSECUTOR-SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 2 ORDER
This petition is filed under [SECTION] of the [ACT]
2. The petitioner herein is the accused in [CASE NUMBER] on the file of the Judicial First Class Magistrate Court-II, Mavelikkara. The aforesaid case has originated from [CASE NUMBER] registered at the Noornadu Police Station alleging offences punishable under [SECTION], [SECTION] and [SECTION] of the [ACT].
3. As many as 3 persons were arrayed as the accused in the final report and the petitioner herein was the 3 rd accused. He absconded and the case against accused Nos.1 and 2 was proceeded with. The parties were referred to mediation and it appears that they were able to settle their entire disputes and Annexure-2 memorandum of agreement was entered into. Pursuant to the same, by Annexure-3 judgment, the accused Nos. 1 and 2 were acquitted of all charges.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned Counsel appearing for the petitioner, relying on the decisions of this Court in [PRECEDENT], [PRECEDENT], [PRECEDENT] and [PRECEDENT] would submit that the continuance of proceedings against the petitioner would serve no purpose. According to the learned counsel, the substratum of the prosecution case is destroyed as the de facto complainant entered the box and gave evidence that the persons, who had attacked her, were total strangers. She also stated that the entire matter has been settled.
6. I have considered the submissions advanced and have gone through Annexure-1 final report and Annexure-3 judgment of acquittal rendered by the court below.
7. As held by a three Judge Bench of this Court in [PRECEDENT] (supra), though the reasoning of the judgment contained or appreciation of evidence in the case of a co- accused therein are not grounds to attract any relief under [SECTION] of the [ACT], a case where the substratum of the case is lost is an exception to the above rule.
8. I am of the firm view that no purpose is going to be served by directing the petitioner herein to face the trial at this stage. It can only be a futile exercise and will only serve to waste precious judicial time which can be used for more productive work. The prospects of conviction is extremely bleak as the de facto complainant had turned hostile after settling the entire disputes. In view of the above, this Court will be justified in quashing the proceedings under [SECTION] of the Code.
In the result, this petition is allowed. Annexure-1 final report and all proceedings pursuant thereto against the petitioner now pending as [CASE NUMBER] on the file of the Judicial First Class Magistrate Court-II, Mavelikkara are quashed.
[ENTITY], JUDGE IAP TRUE COPY P.A.TO JUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-1 COPY OF THE FINAL REPORT ANNEXURE-2 COPY OF THE MEDIATION REPORT ANNEXURE-3 COPY OF THE JUDGMENT IN [CASE NUMBER] RESPONDENTS' EXHIBITS: NIL