IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Crl.MC.No. 4827 of 2010() ------------------------- CC.99/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): ACCUSED: ----------------------------------------- ANIL, S/O.THAMBU, AGED 24 YEARS, ADIYATH PADAM HOUSE, AYAKKAD P.O., VADAKKENCHERRY - I VILLAGE, ALATHUR, PALAKKAD. BY ADVS. SRI.V.A.JOHNSON (VARIKKAPPALLIL), SRI.M.REVIKRISHNAN. RESPONDENT(S): DEFACTO COMPLAINANT/CW1, CW2 & STATE: ------------------------------------------------------------------------------------------------ 1. MANU, AGED 20 YEARS, S/O.MURALI, PALLATHU HOUSE, AYAKKAD P.O., VADAKKENCHERRY - I VILLAGE, ALATHUR, PALAKKAD - 678 001. 2. REMESH, AGED 28 YEARS, S/O.RAJAN, ALINGAL HOUSE, AYAKKAD P.O., VADAKKENCHERRY - I VILLAGE, ALATHUR, PALAKKAD - 678 001. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4827 of 2010 -------------------------- ORDER Petitioner was the second accused in C.C.No. 86/2008 on the file of Judicial First Class Magistrate's Court, Alathur, taken cognizance for the offences under Sections 143, 147, 148, 341, 506 (i), 294(b) and 324 read with Section 149 of Indian Penal Code on Annexure-A final report. As petitioner was absconding, case against him was split up and re-filed as C.C.No.99/2010. The remaining six accused were acquitted by Annexure-B judgment finding that PWs 1 to 5 did not support the prosecution case and Assistant Public Prosecutor gave up the remaining witnesses for the reason that disputes were settled amicably. 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 co-accused and settlement of the disputes CRMC 4827/10 2 with respondents 1 and 2, the defacto complainant and the injured, it is not in the interest of justice to continue the prosecution. 2. Respondents 1 and 2 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioners and therefore, they have no objection for quashing the proceedings. 3. Prosecution case is that on 6.2.2008 at about 9.30 a.m., the seven accused formed themselves in to an unlawful assembly with the common object of attacking and causing hurt to respondents 1 and 2, who are members of BJP and RSS, as the accused are members of CPI(M) and in furtherance of their common object, wrongfully restrained respondents 1 and 2 after committing riot, armed with deadly weapons and caused hurt and also intimidated respondents 1 and 2 and scolded them using filthy language and thereby, all the accused committed the offences. Annexure-B judgment CRMC 4827/10 3 shows that when the remaining six accused were tried, no witness supported the prosecution case and therefore, learned Magistrate was compelled to acquit those accused. Affidavits filed by respondents 1 and 2 establish that they have settled all the disputes with the petitioners and in such circumstances, no purpose will be served by directing the petitioners to undergo the ordeal of a trial, as it would result only in unnecessary waste of valuable time of the court. Petition is allowed. C.C.No.99/2010 on the file of Judicial First Class Magistrate's Court, Alathur is quashed. 9th December, 2010 (M.Sasidharan Nambiar, Judge) tkv