IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Crl.MC.No. 2112 of 2009 ------------------------------- CC.1597/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDURG CRIME NO. 132/2003 OF HOSDURG POLICE STATION ........................................... PETITIONER(S): ACCUSED -------------------------------------- 1. K.VIJAYAN,S/O KUNHIKRISHNAN 31 YEARS, KOKKOT HOUSE, MADIKAI MADAM, AMBALATHARA VILLAGE, KASARAGOD DISTRICT. 2. K.SHAJU, S/O.KRISHNAN 29 YEARS, KARIAKUNNU HOUSE, MADIKAI MADAM,AMBALATHARA VILLAGE, KASARAGOD DISTRICT. 3. P.M.PRASAD, S/O. PRABHAKARAN 26 YEARS, MADIKAI MADAM,AMBALATHARA VILLAGE, KASARAGOD DISTRICT. 4. DINESH,S/O.LAKSHMY 34 YEARS, AYIKOODAN HOUSE,AMBALATHARA VILLAGE KASARAGOD DISTRICT. 5. K.P.RANJITH, S/O. KUNHAMBU MASTER 28 YEARS, MADIKARI MADAM,AMBALATHARA VILLAGE KASARAGOD DISTRICT. BY ADV. SRI.JACOB E SIMON RESPONDENT(S)/STATE/DEFACTO COMPLAINANT ------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE HOSDURG POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. E.P.KARTHIYAYANI, W/O.NARAYANAN AGED 47 YEARS, MADIKARI KAMMADAM, AMBALALTHARA VILLAGE,KASARAGOD DISTRICT. ADV. SMT.SHAMEENA SALAHUDHEEN FOR R2 PUBLIC PROSECUTOR SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2112 of 2009 -------------------------- ORDER Petitioners were accused 3, 4, 14, 15 and 25 in C.C.No.792/2004 on the file of Judicial First Class Magistrate's Court-I, Hosdrug. Prosecution case is that on 25.3.2003 at about 1.15 p.m., the 27 accused formed themselves into an unlawful assembly and armed with deadly weapons committed rioting and destroyed the dish antenna, two mango trees and one jack tree belonging to the second respondent/ defacto complainant and caused mischief to the tune of Rs.20,000/- and thereby committed offences under Sections 143, 147, 148, 427 and 506(ii) read with Section 149 of Indian Penal Code. Accused 3 to 6, 12 to 15, 22 to 25 and 27 were absconding and the remaining accused were tried by the learned Magistrate. Under Anenxure-B judgment dated 14.12.2007, all those accused were acquitted and the case as against the absconding accused was CRMC 2112/09 2 split up and refiled as C.C.No.1479/2007. Subsequently, after procuring the presence of accused 3 to 6, 12, 13, 22 and 27, they were tried by the learned Magistrate in C.C.No.1479/2007. Under Annexure-C judgment, those accused were acquitted after the case, as against the other absconding accused, petitioners herein, was split up and refiled as C.C.No.1597/2008. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings against them contending that there was a settlement of the disputes with the second respondent and in view of the decision of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) and the decision of this Court in Santhosh v. State of Kerala (2008 (3) KLT 240), the case is to be quashed. 2. Second respondent appeared through a counsel and filed Annexure-D affidavit to the effect that in view of the settlement, she has no grievance CRMC 2112/09 3 against the petitioners and as all the disputes between the petitioners and second respondent were amicably settled, she has no objection for quashing the proceedings. 3. Annexures-B and C judgments establish that after recording the evidence, all the other accused, except the petitioners, were already acquitted after recording the evidence. Therefore, when the disputes with the second respondent are settled and there is no likelihood of a successful prosecution, even if the petitioners are to be tried in C.C.No.1597/2008, it is not, in the interest of justice, to continue the proceedings and waste the valuable time of the court. Petition is allowed. C.C.No.1597/2008 on the file of Judicial First Class Magistrate's Court-I, Hosdrug as against the petitioners is quashed. 27th July, 2009 (M.Sasidharan Nambiar, Judge) tkv