IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.MC.No. 3357 of 2009() ------------------------- AGAINST THE ORDER IN LP. 9/2006 IN SC.834/2001 of ADDL. SESSIONS COURT (FAST TRACK)-II, TRIVANDRUM .................... PETITIONER(S):/ A1 ----------------- BINU, S/O.KUTTAPPAN, ANAYIL MULL VILLA VEEDU, VAKKOM, VAKKOM VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT(S): /CWI ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NANDAKUMAR, AGED 38, S/O.DIVAKARAN VAIDYAN, VATTAPURAM VEEDU, NEAR MUKKALI VATTOM TEMPLE, VAKKOM VILLAGE. ADV. SRI.K.K.DHEERENDRAKRISHNAN FOR R2 R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3357 OF 2009 ------------------------------------------ Dated 19th October 2009 O R D E R Petitioner was the first accused in S.C.834/2001 on the file of Additional Sessions court, (Fast Track-II) Thiruvananthapuram. Prosecution case was that second respondent, Nandakumar was conductor of R.K.V bus plying in between Ayilam and Vakkom and on 10/3/1999 he got down at Thoppikkavilakam and reached near Vakkom Government High School on the way to his house and then petitioner and the other accused persons formed themselves into an unlawful assembly in furtherance of their common object attacked him and caused grievous hurt and thereby committed offences under Sections 143, 147, 148, 308, 326 and 323 read with Section 149 of Indian Penal Code. As accused 1, 3 and 4 were absconding, case as against them were split up and others were tried by the learned Sessions Judge. As per Annexure-A judgment, those accused were acquitted. When presence of the fourth accused was procured, learned Sessions Crmc 3357/09 2 Judge tried him in S.C.1564/2007. By Annexure-C judgment, he was also acquitted. Case as against petitioner is now pending as L.P.9/2006. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that in view of the settlement with second respondent, the injured de facto complainant and acquittal of the co-accused, 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 with the petitioner was settled amicably and in view of the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Annexure-A and C judgments of the Additional Sessions Judge establish that out of six accused, who were allegedly members of the unlawful assembly who committed the offences, accused 2, 5 and 6 were acquitted by Annexure-A judgment and fourth accused was acquitted by Annexure-C judgment after Crmc 3357/09 3 recording the evidence. Annexure-D affidavit filed by the injured establish that there was an amicable settlement of the dispute with the petitioner. It is clear from the settlement as well as orders of acquittal of the co-accused, that even if petitioner is to be directed to undergo the ordeal of trial, it will not result in a successful prosecution. It will result only in unnecessary waste of valuable time of the court. Hence it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.9/2006 (S.C.834/2001) on the file of Additional Sessions Judge, (Fast Track-II), Thiruvananthapuram as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.