IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4466 of 2010 ---------------------------------- [SC.NO.357/2008 (LP 15/09) OF ASSISTANT SESSIONS COURT, OTTAPPALAM, CRIME NO.243/2000 OF CHALISSERY POLICE STATION] .................... PETITIONERS/ACCUSED 2 AND 3: -------------------------------------------------- 1. MAJEED, 35 YEARS, S/O. HAMSA, MAMBULLY NHALIL HOUSE, THANNEERKODE POST, OTTAPALAM TALUK. 2. RAFEEQ @ ABDUL RAFEEQ, 33 YEARS, S/O. ABDULLA, PUTHUVEETTIL HOUSE, THANEERKODE POST, OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANTS: --------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PATTAMBI, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOSHY, S/O. PHILOMINA @ OMANA, NELLAYAPARAMBIL, THANEERKODE POST, OTTAPALAM TALUK, PIN – 679 101. 3. PHILOMINA @ OMAN, W/O. CHATHA, NELLAYAPRAMBIL, THANNEERKODE.P.O, OTTAPALAM TALUK, PIN – 679 101. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R2 & R3 BY ADV. SRI.K.RAJESH SUKUMARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4466 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R petitioners are accused 2 and 3 in S.C.No.69 of 2001 on the file of Assistant Sessions Court Palakkad. As they were absconding, case against them was refiled as S.C.No.357 of 2008. The first accused was tried and by Annexure-A3 judgment, first respondent was acquitted. Later, case against the petitioners was removed to the register of long pending case as LP.No.15 of 2009. Petition is filed under section 482 of Code of Criminal Procedure to quash the case against the petitioners contending that in view of the order of acquittal against the first accused and also the settlement of the disputes with respondent 2 and 3 the de facto complainants, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through counsel and filed separate affidavits stating that they have settled all the disputes amicably with the petitioners and, therefore, they have no objection to quash the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. Crl.M.C No.4466 OF 2010 2 4. Prosecution case is that on account of political enmity towards the second respondent, in furtherance of their common intention, the three accused on the night of 22.12.2000 at about 2.30 a.m. set fire to the house belonging to third respondent, where second respondent with his family was residing and thereby caused a loss of Rs.2,000/-. Annexure-A3 judgment shows that third respondent alone was examined stating that second respondent was not available in India, since from years prior to the date of her examination he has gone and she does not know who set fire to the house. No other evidence was there in support of the prosecution case. The affidavit filed by respondents 2 and 3 establish that now they have settled all the disputes with the petitioners. In the light of the evidence of the third respondent when first accused was tried, it is clear that her evidence will not help the prosecution even if she is to be examined. In view of the settlement, even if second respondent is to be examined there is no likelihood of any evidence against the petitioners. In such circumstances there is no likelihood of a successful prosecution, even if petitioners are to be tried. In such circumstances it is not in the interest of justice to continue the Crl.M.C No.4466 OF 2010 3 prosecution. Petition is allowed. S.C.No.357 of 2008 (L.P 15/2009) on the file of Asst. Sessions Court, Ottapalam against the petitioners is quashed. M.SASIDHARAN NAMBIAR, JUDGE mns