IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1522 of 2009(C) -------------------------------------- (CRIME NO. 128/96 OF PARIPPALLY POLICE STATION, KOLLAM DISTRICT) .............. PETITIONER/ IST ACCUSED: ----------------------------------------- SIVAKUMAR, S/O.MANIYAN, ARAKKAL VEEDU, NEAR ABEDKAR COLONY, ELAMKULAM THAZHE CHERIYIL, KALLUVATHUKKAL, KOLLAM DISTRICT. BY ADV. MR.C.R.SIVAKUMAR. RESPONDENTS/ COMPLAINANTS: ------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RADHA, W/O.SOMARAJAN, SINDHU BHAVAN, VELAMANOOR P.O., PULIKUZHI, KOLLAM DISTRICT. 3. DILEEP, SINDHU BHAVAN, VELAMANOOR P.O., PULIKUZHI, KOLLAM DISTRICT. 4. SOMARAJAN, SINDHU BHAVAN, VELAMANOOR P.O., PULIKUZHI, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB, R2 TO R4 BY ADV. MR.B.MOHANLAL. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ==================== Crl.M.C. No. 1522 of 2009-C ==================== Dated this the 9th day of June, 2009. O R D E R Petitioner is first accused in S.C.No.127/1997 on the file of Principal Assistant Sessions Court, Kollam. As he was absconding, the case as against him was split up and accused 2 to 5 were tried. Under Annexure 4 judgment dated 17-2-2003, Sessions Judge acquitted other accused of all the offences, under Section 235 of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings relying on the decision of the Apex Court in Madan Mohan Aboot v. State of Punjab (2008 (3) KLT 19 SC). Along with the petition, Annexures 6 and 7, affidavits of the injured, were produced to show that there was an amicable settlement of disputes with the injured and petitioner and petitioner sought to quash the proceedings. 2. Learned Counsel appearing for petitioner and learned Public Prosecutor were heard. Crl.M.C.No.1522/2009-C -2- 3. Argument of the learned Counsel relying on the decision of the Apex Court in Madan Mohan Aboot v. State of Punjab (2008 (3) KLT 19 SC) is that when the dispute is settled with the injured and there is no chance of a successful prosecution in view of the settlement as well as in view of the acquittal of the co-accused, no fruitful purpose will be achieved by undergoing the ordeal of trial and in such circumstances the case is to be quashed. Learned Counsel appearing for respondents 2 to 4 also supported the petitioner. 4. As is clear from Annexure 2 final report as well as Annexure 4 judgment in S.C.No.127/1997, the offences alleged against the petitioner includes an offence under Section 307 of Indian Penal Code. In the light of the decision of the Apex Court in Manoj Sharma v. State (2008 (4) KLT 417 SC) an offence under Section 307 of Indian Penal Code cannot be quashed for the reason of settlement of the dispute with the injured applying the principles in Madan Mohan Aboot's case (supra). Therefore the prayer Crl.M.C.No.1522/2009-C -3- for quashing of the case cannot be allowed for the reason of settlement of the dispute between the petitioner and the injured. 5. The fact that co-accused was acquitted under Annexure 4 judgment, on the evidence of the case recorded therein is not a ground to quash the case as against the petitioner. Whether the witnesses would give evidence against petitioner is to be decided in this case. It cannot be decided based on the evidence in S.C.No.127/1997. Therefore petition can only be dismissed. I do so. 6. Learned Counsel appearing for petitioner then submitted that there may be a direction to the Sessions Court to dispose the case expeditiously. If petitioner makes himself available for trial and applies for an expeditious disposal of the case, Principal Assistant Sessions Judge, Kollam, to dispose the case without delay. M.SASIDHARAN NAMBIAR JUDGE dkr