IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Crl.MC.No. 4878 of 2010() ------------------------ CC NO. 6/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NORTH PARAVUR ......................................... PETITIONER / ACCUSED & CWS 1 & 3 TO 5: ------------------------------------------------------------- 1. NAZEER, S/O.KOYA, MANIYEZHATHU HOUSE, MUNAMBAM KARA, KOCHI TALUK. 2. SAGEER, S/O. GAFOOR, ALAKANDIVEETTIL, MUNAMBAM KARA, KUZHUPILLY VILLAGE, KOCHI TALUK. 3. SHABEER, S/O.HYDER KALARICKAL, MUNAMBAM KARA, KUZHUPILLY VILLAGE, KOCHI TALUK. 4. NAZEER, S/O.HAMEED, POYILIKAL MUNAMBAM KARA, KUZHUPILLY VILLAGE, KOCHI TALUK. 5. SHABAB, S/O. RAHMAN MULAKKAPARAMBIL,MUNAMBAM KARA, KUZHUPILLY VILLAGE, KOCHI TALUK. BY ADV. SRI.T.A.SHAJI RESPONDENT / COMPLAINANT: ---------------------------------------------- STATE OF KERALA (SUB INSPECTOR OF POLICE, MUNAMBAM) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4878 OF 2010 --------------------------------------------- Dated 14th December, 2010 O R D E R First petitioner was the seventh accused in C.C.839/2004 on the file of Judicial First Class Magistrate's Court, North Paravur. As he was absconding, the case against him was split up and refiled as C.C.6/2009. By Annexure-B judgment, the six other accused were acquitted. Petition is filed under Section 482 of Code of Criminal Procedure by first petitioner along with petitioners 2 to 5 who were prosecution witnesses, (Cws.1 and 3 to 5) who are the de facto complainant and the injured, to quash the proceedings contending that in view of the order of acquittal against the other six accused and settlement of the disputes with petitioners 2 to 5, it is not in the interest Crmc 4878/10 2 of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Prosecution case is that due to enmity of seven accused with the second petitioner, on 14/5/2004, they formed themselves into an unlawful assembly with the common object of wrongfully restraining second petitioner and in further of their common object, wrongfully restrained second prosecution witness and when petitioners 3 to 5 tried to help the deceased CW2, they were also attacked and hurt was caused to all the accused and they thereby committed offences under Sections 143, 144, 341, and 323 read with Section 149 of Indian Penal Code. Annexure-B judgment shows that when the remaining six accused were tried, CW2 could not be examined Crmc 4878/10 3 as he was no more. Only petitioners 2 and 3 and an independent witness were examined. As they turned hostile and it was disclosed that the matter has been settled, other witnesses were given up. In the light of Annexure-B judgment and the settlement of the disputes, as is clear from joint petition filed by petitioners 2 to 5 along with petitioners, it is not in the interest of justice to continue the prosecution, as trial would result only in unnecessary waste of valuable time of the Court as there is no chance for a successful prosecution at all. Petition is allowed. C.C.6/2009 on the file of Judicial First Class Magistrate's Court, North Paravur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.