IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Crl.MC.No. 4602 of 2010() -------------------------------------- LPC.53/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG ...... (CRIME NO.237/2001 OF CHANDERA POLICE STATION) ... PETITIONER(S): ACCUSED: ----------------------------------------- ASHRAF K., AGED 35 YEARS,S/O. BAVA HAJI, KUTHIRUMAL HOUSE P.O. THIRUTHI 671 351, CHERVATHUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADVS. SRI.K.P.HARISH, SRI.SHAZIA SULTHANA.M. RESPONDENT(S): STATE AND CW 1 (i.e. DEFACTO COMPLAINANT): ---------------------------------------------------------------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MANOHARAN C., AGED 43 YEARS, S/O. VASU, PATHIKKARAN HOUSE, P.O. THIRUTHI 671 351,CHERVATHUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV.SMT.AMBILY (PREMKUMAR) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4602 OF 2010 --------------------------------------------- Dated 10th December, 2010 O R D E R Petitioner was originally the second accused in C.P.5/2002 on the file of Judicial First Class Magistrate's Court-I, Hosdurg. As he was absconding, the case against him was split up and case against the remaining three accused, namely, accused 1,3 and 4, was committed. It was taken on file as S.C.254/2002 by Additional Sessions Judge (Adhoc-I), Kasaragod. Those accused were tried for the offences under Sections 143, 147, 148, 448 and 436 read with Section 149 of Indian Penal Code. By Annexure-AIII judgment, those accused were acquitted. The case against the petitioner was subsequently Crmc 4602/10 2 transferred to the register of long pending cases. It is now pending as L.P.53/2003. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the acquittal of the co-accused and settlement arrived at with second respondent, the de facto complainant, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled amicably and consequent to the settlement, he has no grievance against the petitioner and therefore, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Crmc 4602/10 3 Public Prosecutor were heard. 4. Prosecution case is that the petitioner along with accused 1,3, 4 and others formed themselves into an unlawful assembly on 2/6/2001 at about 11 a.m and in furtherance of the common object, to set fire to the furniture shop of second respondent in C.P.VIII/158 of Cheruvathur Panchayat, after committing trespass set fire to the shop and thereby caused a loss to the tune of Rs.1,50,000/- and committed the offences. Annexure-AIII judgment shows that after evidence, accused 1,3 and 4 were acquitted as Pws.1 to 3 including the second respondent did not support the prosecution case. Therefore, examination of the witnesses was dispensed with. Annexure-AV agreement executed by second respondent as well as the affidavit of the second respondent filed Crmc 4602/10 4 before this Court establishes that second respondent has settled all the dispute with the petitioner. In such circumstances, even if petitioner is to be tried, there is no likelihood of a successful prosecution. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.53/2003 on the file of Judicial First Class Magistrate's Court-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.