IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Crl.MC.No. 3820 of 2010() ------------------------------------- C.C.1007/2009 IN CC.147/2006 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT- I, N.PARAVUR .................... PETITIONER/ACCUSED ----------------------------------- SONY, S/O.JOSEPH, THEKKINEDATH HOUSE, VALLUVALLIKARA, KOTTUVALLY VILLAGE, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.K.M.VARGHESE RESPONDENTS/STATE AND DEFACTO COMPLAINANT -------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NORTH PARAVOOR POLICE STATION, ERNAKULAM DISTRICT - 683 513. 3. BABY @ ROSY, KURUPPATH HOUSE, VALLUVALLY, KOTTUVALLY VILLAGE, ERNAKULAM DISTRICT-683 513. R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3820 OF 2010 --------------------------------------------- Dated 8th October, 2010 O R D E R Petitioner was the second accused in C.C.147/2006 on the file of Judicial First Class Magistrate's Court-I, North Paravur taken cognizance for the offences under Sections 341, 294(b), 506(i) and 188 read with Section 34 of Indian Penal Code. As petitioner was absconding, case against him was split up and refiled as C.C.1007/2009 and accused 1 and 3 were tried. By Annexure-III judgment, learned Magistrate acquitted those accused after examination of the de facto complainant/second respondent as PW1, as he stated that entire matter has been settled with all the accused. Petition is filed Crmc 3820/10 2 under Section 482 of Code of Criminal Procedure to quash the case pending against him before the learned Magistrate contending that in view of the settlement of the disputes, as evidenced by Annexure-II copy of the deposition of second respondent before the learned Magistrate in C.C.147/2006, no purpose will be served by undergoing the ordeal of trial and therefore, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Learned Public Prosecutor submitted that statement of the second respondent recorded subsequently establishes that there was settlement of the disputes with the petitioner. 3. Annexure-III judgment in C.C.147/2006 establishes that only the second Crmc 3820/10 3 respondent was examined and as it is clear that entire disputes were settled, accused 1 and 3 were acquitted. Annexure-II copy of the deposition of the second respondent in C.C.147/2006 also establishes that he has settled all the disputes with the accused including the petitioner herein. In such circumstances, no fruitful purpose will be served by directing the petitioner to undergo the ordeal of a trial. In such circumstances, petition is allowed. C.C.1007/2009 on the file of Judicial First Class Magistrate's Court-I, North Paravur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.