IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.MC.No. 3898 of 2009() ------------------------------------ SC.721/2005 of ADDL. SESSIONS COURT FAST TRACK-II(ADHOC), THRISSUR .................... PETITIONER/2ND ACCUSED: ---------------------------------------- BADUSHA,S/O.BASHEER PUTHIYAVEETTIL, AYODHYA NAGAR THIRUVATHRA, MANATHALA VILLAGE, THRISSUR DISTRICT. BY ADV. MR.K.S.ARUN KUMAR RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SULAIMAN, S/O.PARIYAKUTTI AGED 68 YEARS, PALAVEETTIL HOUSE MANATHALA VILLAGE,THIRUVATHRA DESOM THAVAKKAD THALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.M.A.PRABHU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3898 OF 2009 =========================== Dated this the 10th day of December,2009 ORDER Petitioner was the second accused in S.C.721/2005 on the file of Additional Sessions Court,(Fast Track- II) Thrissur. As the petitioner was absconding along with accused 3 and 7, the case as against accused 1 and 4 to 6 and 8 to 10 was tried by the learned Additional Sessions Judge in S.C.721/2005. By Annexure-II judgment all those accused were acquitted. This petition is filed under section 482 of the Code of Criminal Procedure, to quash the proceedings as against the petitioner which is now pending as L.P.18/2008 contending that in view of the order of acquittal as against the co-accused and the settlement of all disputes with the second respondent, the injured de facto complainant, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and also filed Annexure III affidavit stating that entire disputes were settled and in view of the settlement he has no grievance against the petitioner Crl.M.C.3898/2009 2 and has no objection to quash the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. The prosecution case is that due to political enemity towards the second respondent, the accused (ten in number) formed themselves into an unlawful assembly and in furtherance of the common object on 22.5.2001 at about 11 a.m, attacked second respondent with weapons and inflicted injuries and thereby committed offences under sections 143,147,148,109, and 307 read with section 149 of Indian Penal Code. Annexure II judgment shows that the case as against accused 2 and 3 was split up and case against the the remaining accused was committed. After the Sessions Court took cognizance seventh accused absconded and the case as against him was split up. The case as against the remaining accused was tried. The judgment shows that even though second respondent was examined as PW1, he turned hostile and did not adduce any evidence against the accused. Learned Sessions Judge himself found that it is consequent to the settlement the three eye witnesses who are close relatives of the second respondent also turned hostile and did not support the prosecution case. It is in such circumstances, the Additional Sessions Judge was compelled to acquit the accused. Crl.M.C.3898/2009 3 5. The affidavit filed by the second respondent establish that there has been a settlement of all disputes with the petitioner also. In the light of the settlement and the evidence already tendered, there is no likelihood of a successful prosecution, even if petitioner is to be tried. It would only result in unnecessary waste of valuable time of the court. Petition is allowed. L.P.18/2008 on the file of Additional Sessions Court, Thrissur (S.C.721/2005) as against the petitioner is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006