IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.MC.No. 4736 of 2010() ---------------------- CC.180/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................. PETITIONER/ACCUSED NO. 1 IN C.C NO.1237/09 & C.C. 180/2007: ------------------------------------------------------------------------------------------ JIJO, S/O.JACOB, KANNANAIKKAL HOUSE, KALLUMPURAM DESOM, KADAVALLUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI. P. RAMACHANDRAN RESPONDENTS/COMPLAINANT AND STATE: ---------------------------------------------------------------- 1. SHIDHIN SASIDHARAN, S/O.MUTHANGAPARAMBIL SASIDHARAN, AGED 25, ANJOOR, THEKKUMPURAM DESOM, KUNNAMKULAM VILLAGE, THRISSUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1 BY ADV. SRI.K.T.SHYAMKUMAR R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4736 OF 2010 --------------------------------------------- Dated 3rd December, 2010 O R D E R Petitioner was the first accused in C.C.180/2007 on the file of Judicial First Class Magistrate's Court, Chavakkad. As accused 1,5 and 7 were absconding, the case against them was split up and refiled as C.C.1237/2009. Remaining four accused were tried. By Annexure-II judgment they were acquitted. Prosecution case is that seven accused formed themselves into an unlawful assembly on 30/11/2007 at about 12.15 p.m and in furtherance of their common object of causing hurt to the first respondent, caused hurt to first respondent by beating him with sticks and hands and thereby committed the offences under Crmc 4736/10 2 Sections 143, 147, 148 and 324 read with Section 149 of Indian Penal Code. Annexure-II judgment shows that when first respondent was examined as PW1, he turned hostile and deposed that all the accused including accused 1,5 and 7 were not present at the scene of occurrence. Other eye witnesses examined also turned hostile. Hence remaining witnesses were not examined. Accused 2,3,4 and 6 were acquitted. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings in C.C.180/2007 contending that entire disputes were settled with the first respondent. 2. First respondent appeared through a counsel and filed an affidavit stating that he has settled entire disputes with the petitioner and he has no objection for quashing the proceedings in C.C.1237/2009. Crmc 4736/10 3 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Affidavit filed by the first respondent establishes that he has settled all the dispute with the petitioner. Though it is not specifically stated that he has also settled the dispute with accused 5 and 7, Annexure-II judgment shows that when he was examined, he has already deposed that accused 5 and 7 were also not present at the scene of occurrence. In such circumstances, no purpose will be served by directing to undergo the ordeal of a trial. It would only result in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution. Crmc 4736/10 4 Petition is allowed. C.C.1237/2009 on the file of Judicial First Class Magistrate's Court, Chavakkad is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.