IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4030 of 2010(A) -------------------------------------- [CC.NO.230/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT -I, HOSDRUG, CRIME NO.83/2007 OF HOSDURG POLICE STATION] .................... PETITIONER/ACCUSED: ---------------------------------- MR.C.H.ARAFATH, AGED 22 YEARS (A3) S/O.ABULLA, C.B.ROAD, CHITHARI, CHITHARI GRAMAM. BY ADVS. SRI.T.B.SHAJIMON, SMT.GOVINDU P.RENUKADEVI. RESPONDENTS: ------------------------ 1. S.SANAL, AGED ABOUT 21 YEARS, S/O.SHANMUKAN, CHAMUNDIKUNNU MEETHIL HOUSE, CHITHARI, CHITHARI GRAMAM. 2. K.SUMESH , AGED 20 YEARS, S/O.LAKSHMANAN, CHAMUNDIKUNNU MEETHIL HOUSE, CHITHARI, CHITHARI GRAMAM. 3. STATE OF KERALA, REP. BY S H O HOSDURG POLICE STATION, REP. BY THE PUBLIC PROSECUTOR,ERNAKULAM. R3 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4030 OF 2010 --------------------------------------------- Dated 25th November, 2010 O R D E R Petitioner was third accused in C.C.420/2007 on the file of Judicial First Class Magistrate's Court-I, Hosdurg. As he was absconding, case against him was re-filed as C.C.230/2009 and remaining four accused were tried by the learned Magistrate. By Annexure-A2 judgment those accused were acquitted. Petition is filed under Section 482 of Code of Criminal Procedure to quash C.C.230/2009 pending against him, contending that in view of the order of acquittal of the co-accused and settlement of the dispute with respondents 1 and 2, it is not in the interest of justice to continue the prosecution. Crmc 4030/10 2 2. Learned counsel appearing for the petitioner, respondents 1 and 2 and learned Public Prosecutor were heard. 3. Annexure-A1 final report and Annexure-A2 judgment in C.C.420/2007 show that prosecution case is that the five accused formed themselves into an unlawful assembly on 17/2/2007 with the common object of attacking respondents 1 and 2 and in furtherance of the common object, at about 6.30 p.m, attacked respondents 1 and 2 after wrongfully restraining them and voluntarily caused hurt to them and thereby committed the offences under Sections 143,147, 341 and 323 read with section 149 of Indian Penal Code. Annexure-A2 judgment also show that when the remaining accused were tried by the learned Magistrate, none of the prosecution witness supported the prosecution Crmc 4030/10 3 case, evidently because of the settlement with the accused. Joint petition filed by respondents 1 and 2 along with petitioners establishes that they have settled the dispute with the petitioners also and consequent to the settlement, there is no likelihood of a successful prosecution, even if, petitioner is to be tried. In such circumstances, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.230/2009 on the file of Judicial First Class Magistrate's court-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.