IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.MC.No. 3993 of 2009() ------------------------- LP.134/2005 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): 6TH ACCUSED -------------------------- BAVUTTI @ FAIJAS, S/O.KALANTHAN KOYA, AGED 29 YEARS, KURANGAYIL MEETHEL, NELLIKODE, POST CHEVARAMBALAM, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): DEFACTO COMPLAINANT AND STATE -------------------------------------------- 1. KOYA, S/O.POCKERKUTTY, AGED 52 YEARS, KALARIYIL HOUSE, POOVATTUPARAMBU, KOZHIKODE. 2. THE S.I OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.DEVIDAS.U.K FOR R1 R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3993 OF 2009 ------------------------------------------ Dated 22nd December 2009 O R D E R Petitioner is the sixth accused in C.C.959/2000 now pending as L.P.134/2005, on the file of Judicial First Class Magistrate-IV, Kozhikode. Prosecution case is that on 25/10/2000 at about 1.30 p.m petitioner and other accused formed themselves into an unlawful assembly with the common object of causing damages to the lorries of Rasi Cement company and caused obstruction and blocked the lorries KL.11/L.3199 and KL.11/L.127 and pelted stones and caused damages of Rs.38,542/- and thereby committed the offences under Sections 143, 147, 148, 341 and 427 read with Section 149 of Indian Penal Code. As Crmc 3993/09 2 the petitioner was absconding, remaining five accused were tried by the learned Magistrate and by Annexure-A3 judgment those accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner, contending that when the remaining accused were already acquitted and there has been settlement of the dispute with first respondent, de facto complainant, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled and consequent to the settlement, he has no grievance against the petitioner and therefore, there is no objection for Crmc 3993/09 3 quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Annexure-3 judgment shows that when remaining five accused were tried, first respondent, de facto complainant turned hostile by deposing that he could not identify the persons who pelted stones or caused damages to the lorries. Two other eye witnesses examined were also turned hostile to the prosecution. In view of the evidence, prosecution did not examine the other eye witness. 5. Affidavit filed by the first respondent establishes that even if he is to be examined, when petitioner is to be tried, he would only re-iterate what was deposed Crmc 3993/09 4 earlier and will not identify the petitioner. Other two eye witnesses already deposed that they did not identify the persons. In such circumstances, it would only be a futile exercise causing only waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.134/2005 on the file of Judicial First Class Magistrate-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.