IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Crl.MC.No. 760 of 2009() ------------------------ (L.P.111/03 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE-V, KOZHIKODE) PETITIONER(S): ACCUSED ------------------------------- ABOOBAKER SIDDIQUE, S/O. MOYEENKUTTY, PADIKASALA HOUSE, VELIPRAM AMSOM, DESOM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT --------------------------------------- 1. PATHUMMA, W/O. AVARANKUTTY HAJI, SAIBUNA MANZIL, RAMANATTUKARA, KOZHIKODE. 2. STATE OF KERALA, REPRSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SAKIR.K.H. FOR R1 PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 760 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of April, 2009. O R D E R This petition is filed with a prayer to quash the entire proceedings pending against the petitioner in L.P.111/03 on the file of the Judicial First Class Magistrate Court-V, Kozhikode. The petitioner is the 5th accused in C.C.922/97 of the said Court. He is alleged to have committed offences u/Ss. 143, 147, 148, 447, 427 and 506(ii) r/w S.149 IPC. The learned counsel had brought to my attention the petition filed by the defacto complainant and she is represented by a counsel. She had no objection in quashing the proceedings as the matter has been settled. The learned counsel had already brought to my notice the decision of the concerned Magistrate Court in C.C.922/07. There also accused Nos.1 to 4 and 6 to 8 were found not guilty and acquitted. Now the matter is settled between the defacto complainant and the parties and of-course there are non-compoundable offences involved. The Apex Court had laid down that while invoking Crl.M.C. 760 OF 2009 -:2:- power u/s 482 Cr.P.C. it is the duty of the High Court to see what will be the end result of the litigation. Now, the defacto complainant does not have any complaint. The proceedings in the case would reveal that there are no materials for ending in a conviction. So directing the Court below to make a trial of the case will result in wastage of time and therefore taking the clue from various dictums laid down by various Courts, in this case I invoke S.482 Cr.P.C. and quash all further proceedings against the present petitioner in L.P.111/03 pending before the Judicial First Class Magistrate Court-V, Kozhikode and accordingly this Crl.M.C is allowed. M.N. KRISHNAN, JUDGE. ul/-