IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Crl.MC.No. 2607 of 2009() ----------------------------------- CC.71/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER/8TH ACCUSED --------------------------------------- SHRI.JOSE, AGED 35, (A-8), S/O.VARUTHUNNI, KOZHIPATTU HOUSE, KURUVILASSERY VILLAGE, KOTTAMURI-DESOM, MALA-VIA, THRISSUR DISTRICT. BY ADV. MR.M.R.DHANIL RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- 1. SHIJO, AGED 29, (CW-1), S/O.VARGHESE, PALLIPATTU HOUSE, KOTTAMURI-DESOM, KURUVILASSERY VILLAGE, MALA-VIA, THRISSUR DISTRICT. 2. SMT.JOSAPHINA, AGED 59, (CW-2), W/O.VARGHESE, PALLIPATTU HOUSE, KOTTAMURI DESOM, MALA-VIA, THRISSUR DISTRICT. 3. SMT. SHAISY, AGED 41, (CW-3), W/O.SUNNY, PALLIPATTU HOUSE, KOTTAKURI DESOM, MALA-VIA, THRISSUR DISTRICT. 4. SHRI.VARGHESE, AGED (CW-5), S/O.POULOSE, PALLIPATTU HOUSE, KOTTAKURI DESOM, MALA-VIA., THRISSUR DISTRICT. 5. SUB INSPECTOR OF POLICE, (COMPLAINANT), MALA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 6. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. R5 & R6 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R1 TO R4 BY ADV. MR.JOBY JOSEPH (THRISSUR) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2607 OF 2009 ------------------------------------------ Dated 21st August 2009 O R D E R Petitioner was the eighth accused in C.C.864/2004 on the file of Judicial First Class Magistrate-I, Chalakudy. Prosecution case was that due to political enmity towards first respondent, 13 accused formed themselves into an unlawful assembly and in furtherance of their common object trespassed into the house of first respondent and exploded explosives and pelted granite stones at respondents 2 and 3 and inflicted hurt and thereby committed offences under Sections 143, 147, 148, 427, 452 and 323 read with Section 149 of Indian Penal Code and Section 9(B) (2) of Explosives Act. As petitioner and third accused were absconding the case as against them was split up and re-filed and others were tried by the learned Magistrate. Under Annexure-D judgment learned Magistrate found the other accused not guilty and acquitted them. When presence of third accused was procured, he was tried in C.C.1534/2007 after re- CRMC 2607/09 2 filing the case as against the petitioner. Under Annexure-E judgment third accused was also acquitted. Case as against petitioner is now pending as C.C.71/2009. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said case contending that in view of the acquittal of the co-accused and also because of the settlement arrived between respondents 1 to 4 and petitioner, there is no chance of a conviction and in such circumstances, in the interest of justice, the case is to be quashed. 2. Respondents 1 to 4 appeared through a counsel and each of them filed separate affidavits stating that disputes with the petitioner was settled and therefore they have no objection for quashing the proceedings as against the petitioner. 3. Learned counsel appearing for petitioner, respondents 1 to 4 and learned Public Prosecutor were heard. 4. Annexure-D and E judgments of the learned Magistrate, establish that out of 13 accused, 12 were already acquitted after trial. Affidavits filed by respondents 1 to 4 establish that even if petitioner is to be tried, there is no chance for a CRMC 2607/09 3 conviction. In such circumstances, it is not in the interest of justice to continue the prosecution and waste the valuable time of the court. Petition is allowed. C.C.71/2009 on the file of Judicial First Class Magistrate court-I, Chalakudy is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.