IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 3870 of 2010() ------------------------- CC.198/2009 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... (CRIME NO.94/2006 OF AYARKUNNAM POLICE STATION,KOTTAYAM DIST.) ...... PETITIONER(S): 5TH ACCUSED: ------------------------------------------------ BENNY MATHEW, S/O.MATHEW, AGED 36 YEARS, THENGUMTHOTTATHIL @ MUNDACKAL, THADIYAMPODUMANPPARA KARA, IDUKKY (DIST). BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3870 OF 2010 =========================== Dated this the 20th day of September,2010 ORDER Petitioner, the fifth accused in C.C.273/2007 on the file of Judicial First Class Magistrate's Court-III, Kottayam absconded during trial. Hence the case against the petitioner was split up and refiled as C.C.198/2009 and other accused were tried. By Annexure A2 judgment, accused 1 to 4 were acquitted. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings pending against the petitioner, contending that in view of the settlement and Annexure A2 judgment, no purpose will be served by directing the petitioner to stand for trial. Reliance was placed on the decision of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19). Crl.M.C.3870/2010 2 2. As held by the Full Bench of this Court in Moosa v. Sub Inspector of Police (2006(1) KLT 552) an absconding accused is not entitled to get the case against him quashed, based on an order of acquittal against the co-accused. Petitioner has not even impleaded the de facto complainant and nothing is produced to show that there was a composition with the de facto complainant. In such circumstances, the case against the petitioner cannot be quashed as sought for. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006